Hutchinson gazette. [volume] (Hutchinson, Kan.) 1895-1902, 1898-03-24
THE PEOPLE AND THE COURTS.

Ex-senator PETER in last week g
Advocate has a comprehensive article
on the late decision of the United
States Supreme Court on the Nebraska
maximum freight rate law: He out
lines the mental procedure Of the
judges IN arranging the conclusions
they did AS stated before, they did
not in any degree attack the power Of
the legislature to Tx rates, but hold
that the reasonabeness of the rates
are always a matter for judicial deter
mlnatiOn. And right here 1t may be
said that it has now become an I'M
written law, that any schedule of rates
which is below what the railroads are
willing to voluntarily accept, is unrea-
sonable. But how do they arrive at
this conclusion?
1t is a well known fact that but few
railroad stocks pay dividends. This IS
an argument often used on the unsO-
phisticated to prove the poverty Of the
IA lrOads. 1t is a part Of their plan.
Instead of paying interest on their
stock certificates, they put the road in
debt, usually to itself, that is they bond
it for all the traffi will bear. They
issue as large an amount of bonds as
their earnings in time of prosperity
will pay interest on over and above the
operating expenses. The bonds are
usually sold to the stockholders,
though of course not always. When
the court in due time comes to deter
mine the reasOnableness Of rate
made by the legislature, it figures up
the cost of maintenance, taxes, cost Of
labor, etc, and then adds in their in
terest charge on bonds issued to usually
four or five times the amount of the
actual value of the roads, finds the in
come would be insufficient to pay this
interest and leave a margin for divi-
dends on the stock, and Immediately de-
termlnes that the rates are unraasOn-
able, and in conflict with the first ne
gro amendment to the constitution de-
claring that private properly shall not
be taken for public uses without due
process of law. To an average man,
the fact that in due process the peo-
pies representatives pass the enact
ment, which is regularly signed and
agreed to by the executive depart
ment, both of which departments In
the theory Of our government are sup
posed to be equal and coordinate with
the courts, would seem to be "due pro-
cess of law" But the courts decide
not, and all hands must take 1t as be-
ing final and irreVokable, except by
constitutional amendment which
through the burdensOme machinery is
practically impossible
Here is true picture Of the rule of
the people in this blessed country. A
measure of popular reform is taken up
by some poor "crank" who spends a
lifetime getting few others interested
in it After a time the infection
spreads and takes hold upon the peO-
pie of the State. A political party is
formed of his adherents, perhaps. 1t
makes much noise, and is discussed
pro and con, principally con, for sew
eral years. Finally majority party
makes 1t an issue, and after endless
Clamor, fire works and disputes, read
ing and speaking, succeeds in carrying
the elections. If the measure can sue
cessfully run the gauntlet of the lobby,
the quarrels for Political advancement
IN the legislature, get past commit
tee and past the lower house the
senate may not concur, or may mutt
late the original measure till it is not
recognized by its best friends. If
then the conference committee fails
to disagree on it, the president may
have q chance to veto it, But public
opinion may be strong enough that the
president will fear to veto it, or that
1t will force 1t past twO-thirds ma
jority in Congress over the presidents
veto. The people may feel they have
triumphed, but then their measure
bumps up against the Supreme Court,
Here the noise of agitation and dis
cussion ceases. Here the people come
in for no part or consideration. Here
nine venerable grandads, IN stately
nightgowns, some Of them in their
dotage, responsible to no living author
lily but a still small voice that is usu-
ally either dead or on vacation, work
ing silently in their star chamber, with
an eye that is only very, very human,
they make few pen strokes and 1t is
all over.
: Some day perhaps a Jackson will be
called to the White House and when