The Monte Vista journal., 1898-03-12
THE LAW INVALID.
NEBRASKA RAILROADS SUSTAIN.
Ths Supreme Court Of the Uaitsd ststes
suPPorts Every Coutsation Of tho Roads
Agsiast the Law.

The Supreme Court Of the Uaited ststes
suPposts Every Contsation Of tho Roads
Agslast tie LAW
Washington. March S.-The Supreme
Court to-dny rendered mn opinion In
the Nebraska maximum freight rate
case. The opinion was handed down
by Justice Harlan.
Justice Harlnn's opinion held the Ne
braska law to b. contrary to the four
teenth amendment in TINT 1t authorized
taking property without due process Of
law, and was therefore invalid. Hence
the railroads won
Justice Harlan's opinion affirmed the
opinion of the Circuit Court of Ap-
peals for the Eighth circuit, which was
against the maximum freight rates
law and favorable to the railroads.
This case was Instituted to test the
validity OF law passed by the Ne
braska Legislature in 1893. prescrib-
ing the maximum rates for the trans
portation OF freights by railroad with
IN the state. The act applies specific
any TO freight whose transit begins
anu ends In the state. md there was
no enort In Its enactment to control
Interstate freight. 1t affected all the
railroads In the state, and the railroad
companies Instituted proceedings
which were terminated by to-day's
opinion. by filing bill In the Nebraska
Circuit Court soon after the law was
enacted. The object OF the bill was to
secure an order restraining the state
force.
The law was attacked on the ground
OK ts constitutionality. 1t was charged
!hat inasmuch as the act applied only
70 stnte freights, 1t was discrimipa.
tion against them, and therefore an.
tagonisitc to the spirit of the four.
teenth amendment TO the constitution
They contended that the maximum
rate fixed was unrcas soma ble and ruin.
Gus to the roads. 1t was also inserted
that the act interfercd with interstate
commerce. The state met these nile
cations with argument In s,,pyort Of
the validity Of the law. II withdrew
the counter charge that the case was
one OF which the federal courts nre
not properly adjudicators.
Ihe decision In the Circuit Court
was delivered by Justice Brewer of the
supreme Court. who sustainetfsthe con.
.ention OF the railroad companies and
neid against the validity OF the law,
iiis opinion was based largely upon
the charge OF unreasonableness. He
maze a computation showing that the
reduction Effected In freight rates
amounted on an average to 29Is per
cent. which he held was too yreat n
change. The case has been twice mr..
gued IN the Supreme Court, Hon. w. ].
brynn appearing rs one OF the counsel
Tor the state at the last hearing. Much
interest hns been manifested in the
decision ever since the case was dock.
eted. because Of the probable Influence
result favorable TO the law would
have upon Legislation in other states.
Justice Harlan said that the follow
Ing principles must he regarded as set
tied: NV
First-A corporation is n person with.
IN the meaning OF the fourteenth
amendment. declaring that no state
shall deprive any person Of property
Without due process Of law. nor deny
TO my person within Its Jurisdiction
the equal protection Of the laws.
second-A state enactment or regu.
intion made under the authority Of a
state enactment, establishing such
rates Tor the transportation Of persons
or property by railroads ms will not ad.
init OF the charter earning such com
pensnfion ns under the circumstances
IL Just to II. and TO the public, would
deprive such carrier Of It's property
without due process Of law, and deny
10 II the equal protection Of the lnws
ana would. therefore. be repusnant 10
'he fourteenth amendment OF the con.
stl.ntion OF the United States.
..
tnt'on or persons md property within
tiie limits OF state are primarily for
'ts determination. the question wbcth.
cf they nre 80 unrcnsonahly low m 10
deprive the carrier Of Its propcrfv
without such compensate ~ tho con.
sutution secures. md. therefore, with.
OUT due process Of law. cannot Ike 70
determined by the Legislature OF the
STATE. or by regulations adopted under
ita regulations that the matter may NOT
become the subject Of judicial inquiry.
rms last proposition. Justice Harlan
said. covered the cnse In point. He
then proceeded 10 make an exhnuxtiv
examination Into the effect Of the en.
lorremcnt OF the rates prescribed upon
the business OF tho different Nehrnaka
lincs. showing the reduction TO amount
20 % per cent. for the years 1901. is12
ana lN3. The result was 20 show that
each or the roads Involved would for
this period have conducted their bus.
iness nt loss. with only one or two
exceptions. and those for only q abort
time.