The Caucasian. (Clinton, N.C.) 188?-1913, 1898-08-04

principles OF law, the court fully sp
preciates the difficulty and embal
:, ,rassment which surrounds the &.
eIsoa OF question where II
sought to have the court declare th
legislative action of the State un
constitutional, and where the de
eision Of the facts involved require
l the exercises Of knowledge wit
which courts Of justice are presume'
to have bH. little acquaintance.
| Commission May Establish Rates
1t is now settled law that
State by legislative enact
ment may directly itself, o
through board of commits
sioners, establish rates and fares 70
the carriage Of freight and passen
gers between points within its limits
This being an exercise of Lawful
legislative authority on the part o.
the State, all acts in pursuanc,
thereof, either by the State directly
or by It's commissioners, must b<
presumed, until the contrary clearl,
appears, to be within the Legislative
authority and valid.
1t necessarily follows, also, tha,
when Board of Railroad Commis
sioners, authorized by a law of the
State to fix rates and fares for the
carriage of freight and passenger.
within its limits, fixes those rates,
tina, those rates and fa:ts are prima
facie reasonable and just. And it is
also provided by the act of the legis-
lature, under which the defendants
are claiming to act, that the rates
and fares established by them, or any
schedule of such rates and fares,
shall be prima facie evidence that
the rates are reasonable and Just in
any controversy where they shall
come in question.
1t thus appears that the burden of
proof is upon the complainant to es-
tablish beyond a reasonable doubt
that the rates and fares which the
defendants are seeking to put in
force will, if lawfully made and pro-
mulgated, result in the taking of
! complainant's property without due
process of law, and will deprive the
complainant of the equal protection
of the law. In other words, the COM
plainant must show to the court that
the acts of the defendant commits
slOners are unconstitutional as being
in conflict with the Constitution of
the United States.
Is tho Law Unconstitutional:
While it is true that the legislature
OF State may, under its power to
regulate rates and fares for the car
riage of freight and passengers with
in its limits, deprive the complain
ant, or any other person or corpora
ton, of its property without due
process of law, or deprive it or any
other person of the equal protection
of the laws, it is also equally true
that this court has no power or au-
thority, given by statute or common
law. to fix rates and fares for the
carriage of freight and passengers
upon the complainant's lines, or to
revise in any manner rates estab-
lished by the defendants as Railroad
Commissioner. The court only has
the power and Jurisdiction to declare
acts of the legislature or of the Board
Of r. lroad Commissioners performed
in .>drsuance thereof, unconstitu-
tional if clearly in conflict with the
Constitution of the United States.
No court will declare an act of a
legislature unconstitutional without
it is shown to be so beyond rea-
sonable doubt.
This, then, gives the status of the
complainant in this action before
this court. This court must be satis-
fed, beyond a reasonable doubt, that
the schedule or rates proposed to be
promulgated and put in force by the
Railroad Commissioners, the defend
ants in this action, will, if so put III
force, deprive the complainant of its
property without the process of law
or deprive it of the equal protection
of the law.
| We now come to consider the evi-
dence which has been reported 10
this action which it is asked that this
court issue permanent Injunction
against the defendants as Railroad
Commissioners enjoining them from
putting into force the rates and fares
complained of.
The first contention of the COM
plainant is that the record shows
1 that during the fiscal years ending
June 30, 1894, 1895, 1896 and 1897,
the complainant, under the rates and
fares which are now in force upon
its system for the carriage of freight
and passengers, was not able to earn
sufficient money to pay its operating
expenses in the State of South Da-
kota, its taxes in the State of South
Dakota, and the interest due upon
the bonded debt upon that portion OF
its lines located within the State oi
South Dakota, and that there was a
deficiency between the earnings ir
the State of South Dakota, from al
sources, during the said years, and
the operating expenses, taxes an6
interest of said years of So, 2,729, ,858.S1
being 1907 ,OS0 50 for the fiscal yeal
ending June 80. 1894; $841, 800. 8!
for the year ending June 80, 1895
$773, ,343.41 for the year ending Jan,
80, 1896; and $6O7, 933 SO for the fis
cal year ending June 30, 1897.
Violation of Common Sense.
If it is the law that the power O
the State to regulate fares and rate
for the carriage of passenger an,
freight within its jurisdiction, doe
not rise or become operative unit
some railroad corporation has pal,
all the debts it may have seen fit t
contract, or paid all the expense
! which it is pleased to charge to tn
account Of operating expenses. thsl
: the power in the State to regulat
, rates and fares is worthless and O
no avail to prevent the exaction o
exorbitant charges from the rubli
: for the services rendered. This ca,
not be the law. No court has ye
, held it to be the law and it 10 not be
= lieved any court will ever be foun,