Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1898-03-10
Knocked Out.

mas QoClueu tnhb Jus LuhAluluh iAoiBhV
law passed by the recent Legislature
of Nebraska, 10 unconstitutional, mas
much as it made rates so low that
rsilrods could not run with profit.
The court says IN part:
"This court speaking by Chief JUS
tice Waite, has said that while state
has power to fix the charges Of rail.
road companies for the Transporter
ton a persons or property within its
own jurisdiction until restrained by
valid contract, or unless what is done
amounts to regulation OF foreign or
interstate commerce, such power is
not without limits and that under
pretense Of regulating fares and
freights, the state cannot require
railway corporation to carry persons
or property without reward, neither
can il do that which in law amounts
to the taking of private property for
public use without just compensation,
without due process of law"
"The idea that any Legislature,
state or federal, can concluaive de-
termine for the people and for the
courts that what it enacts IN the form
Of law, or what it authorizes its agents
to do, is consistent with the funda.
mental law, is in opposition to the
theory OF our institutions.
II has haen commended on behalf OF
the law that the state OF Nebraska
could legally require local freight
business to be conducted even at an
actual loss If the company earned on
it's interstate business enough to give
it just compensation 10 respect OF it's
entire line and all its business inter-
state and domestic.
The court did not accept this view,
Justice Harlan saying: I'VE cannot
concur III this view. La our judg
ment, it must be held that the reason
sbIeness or unreasonableness of rates
prescribed by a state for the trans
portation Of persons and property
wholly within its limits must be de-
termined without reference to the
business of an interstate character
done by the carrier, or to the profits
derived from that business The
state cannot justify unreasonahly low
rates for domestic transportation,
considered alone on the ground that
the carrier is earning large profits on
it's interstate business, over which 81
far as rates are concerned, the state
has no control. Nor can the carrier
Justify unreasonablY high rates on
domestic business upon the ground
that only in that way can it meet
losses in it's interstate business So
far as rates of transportation are con-
cerned, domestic business should not
be- made to bear he losFes on inter
state business nor the latter the losses
on domestic business"
In conclusion Justice Harlan said
that il business improved the state
&C I'll 'pply to the courts his Ian
gnage being as follows:
"But it may be added that the CON
ditions Of business 80 far as railroad
corportions are concerned have proba-
bly, changed for the better and that
tha rates PREF Grill ed by the statute of
1898 may now afford all the compen"
sation to which the railroad com
panles in Mel rasks are entitled as
between them and the public In
anticipation perhaps Of such aclanee
# circumstances the circuit coI 1T
wisely provided in its final decree
thai the defendants, members of he
board of TRANSPORTATION might when
circumstances have changed 80 that
{ no rates fixed in the said act Of 1893
shall yield to the said companies
reasonable compensation for the ser.
vices aforesaid, apply to the court by
bill or otherwise, as they might be
advised, for further order in that
behalf. OF provision of the final
decree the state board of transporta
ton if so advised can avail them
selves.
I'm that event, If the circuit court
finds that the present condition of
business is such as to admit the ap-
plicRtion Of the statute to the railway
companies in question without de-
priving them Of just compensation, it
will be it's duty to discharge The in
junction heretofore granted and to
make Whatever order is necessary to
remove any obstruction placed by the
DEGREES in these cases in the way OF
the enforcement of the statute"
Just what rates would be just to
the companies is q difficult problem
to solve. possibly the rate fixed by
the tariff sheets would be the only
one acceptable 10 the transportation
companies.