The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-03-08

WASHINGTON. March 7.-Justice Har-
Ian today delivered the opinion In the Ne
braska maximum freight rate case. He
the fourteenth amendment, in that 1t au-
thorized the taking Of property without
due process of law, and was therefore in
valid Hence, the railroad won Justice
Harlans opinion affirmed the opinion Of
tho circuit court Of appeals of the Eighth
circuit, which was against the maximum
freight rates law and favorable to the rail-
roads.
This case was instituted to test the va
lidity of the law which was passed by the
Nebraska legislature in 1888, prescribing
the maximum rates for transportation Of
freights by railroads within the state. The
decision sustains the contention of the
railroad companies. and held against the
validity Of the law.
The contention that the state was the
real party in interest and that therefore
the Federal courts could not take cogni-
zance Of 1t under the eleventh amendment
to the constitution. was overruled. because
both OF the diverse citizenship and aiienage
of the parties. and also on account Of the
fact that the act attacked is contrary
to the provisions Of the Federal constitu-
ton. It was also contended that the act
could not be made applicable to the Union
Pacific railroad. because 1t has Federal
charter and the act creating the corpora
tion had reserved to congress the right TO
fix the rates on this line in certain con-
tingencies. but the court took the position
that as congress had not availed itself of
this privilege. the states through which
the Union Pacific passes have the right
TO fix rates.
Justice Harlan then took up the consti-
tutional questions involved:
'By the fourteenth amendment" he said,
at Is provided that no state shall deprive
any person of property without due pro-
cess OF law, nor deny TO any person within
its jurisdiction the equal protection OF the
laws. That corporations are persons with
In the meaning Of this amendment is now
settled.
This court. speaking by Chief Justice
Waite, has said that while a state has
power 10 fix the charges of railroad COM
panies for transportation OF persons and
property within It's own jurisdiction, unless
restrained by valid contract. or unless
what Is done amounts to a regulation of
foreign or interstate commerce, such
power Is not without limit. and under pre-
tense OF regulating fares and freights the
state cannot require railroad corporation
10 carry persons or property without re-
ward; neither can IL do that which in law
amounts 20 the taking OF private property
for public use without just compensation
or without due process OF law
Justice Harlan said that the following
principles must be regarded as settled:
"First-A corporation Is a person with
in the meaning of the Fourteenth amend
ment declaring that no state shall de-
prye any person OF property without due
process OF law, nor deny TO any person
within its juridiction protection OF the
laws
''Second-A state enactment. or a regu-
lstion made under the authority Of a state
eEac ment. establishing such rates for
transportation for persons or property by
railroads "a VIII not admit o. the carrier
earning such compensation as under the
circumstances - Just 70 Z and 30 the pub
lie. would deprive such carrier Of Its
property without due process OF law and
deny 10 IL the equal protection OF the
laws and would therefore he repugnant
TO the Fourteenth amendment OF the con-
stltEtion OF the United States.
''Tnird-Whiie rates for the transporta-
ti0u of persons and property within the
limits of state are primarily fer It's de-
termination. the question whether they
are so unTeaSonahly low as 10 deprive the
carrier of its property. without such com
pensation as the constitution secures and
therefore without due process OF law. can
not be determined By fae legislature OF
the state or by regulations adopted under
its legislature tha1 THE matter may not
become the subject Of judicial inquiry"
This last proposition Justice Harlan said
covered the case in point, lie then pro-
ceeded 70 make an exhaustive examina-
ton into the effect Of III. enforcement OF
The rates prescribed upon the business Of
the different Nebraska lines, showing the
reduction 30 amount 20 @s5 per cent for
the years 1Ssi. ISse and lSss The result
was 80 show that each OF the roads in
voived would for this per.od have cog
dGeIeG their business AZ \ loss with only
enc Or two exceptions ard those <or only
shorr tiens. Dsssusslfr the question rs
- what are the considerations 70 which
weight Us3sst te given when We seek 70
ascertain the compensation HA.eh a raI-
read company Is entitled to receive and a
prohibition upon the receiving of which