The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-11-28
JUDGE HOOKS DECISION.
Question Came Up Under Telegraph
Rate Law.

The decision rendered by Judge Hook
yesterday in which he overturned the
court of visitation and declared the tel
egraph rate law unconstitutional was
the first decision involving a cOnstitu-
tionaI question rendered by him since
his advent to the federal bench, and
the federal court room was crowded
with attorneys who were interested in
hearing the decision.
The opinion was a long one, taking
two hours for it's rendition. After re-
viewing the status of the parties to the
suit and the provisions of the law es-
tablishing the court of visitation and
the maximum telegraph rate laW.Judge
Hook began his discussion Of both stat
utes. These two laws, he said, were
part of the same general body of legis-
lation. passed at the special session of
1898, and were therefore to be cOnsid-
cred together. Whenever special priv
ilegeS are conferred upon private cor
pOratiOns and they become clothed with
a public interest they are subject to
public control. The public is entitled
to protection from extOrtiOnate rates.
but the corporation is also entitled to
protection from cOnfiscatOry rates.
The prescribing of rates does not be-
long to judicial tribunals but is a leg
islative function. The power of the
state to fix rates is a legislative one.
and the question of the business of the
rate is a question for the courts to de-
eide Courts have no power to pre-
right to say that their rates are final.
Under the guise of fixing a rate a court
cannot compel corporation to do bus
mess without proper compensation or
give up its business.
The powers of the court of visitation,
continued Judge Hook, are largely of a
legislative nature. A court does not
classify freight, establish depOts, and
do other things of this character, which
duties are placed upon the court Of
visitation. OF course courts of chan
Gerry sometimes do such things when
property is placed in their control by
receiverships but it is not in this sense
that the court of visitation is given
this power. The court of visitation is
given the power to fix rates, which is
legislative act; to determine their rea-
sOnableness, which is a judicial act;
and to enforce the rates. which is an
administrative act. This is contrary to
the constitution
1t is urged that a federal court is
prohibited from enjOining a state court
but saying the court of visitation is a
court does not make it sOand the pow
ers given it give a federal court juris-
diction to enjOin it. Judge Hook de-
cIared all the judicial powers given the
court o. visitation were uncOnStitu-
tionaL but did not pass upon the
courts administrative powers. This
gives the members of the court the
power to draw their salaries with prac-
tically nothing. else to do
The conclusions drawn by Judge
Hook are as follows:
'.Ffrst-That the proofs adducedaA in
this cause show prima facie that Wghe
maximum rates for Geographic service
prescribed by chapter IS of the laws en-
acted by the legislature of the state of
Kansas at the special session of 1898.
are less than the cost of performing
the service and are therefore unrea-
sonable and confscatory; and that the
enforcement of such rates, which is
threatened would operate to deprive
the telegraph company of its property
without due process of law and would
be a denial of the equal protection of
the laws
"Second-That in the enactment of
the law creating the court of visitation
of the state of Kansas and defining its
powers and jurisdiction and OF the sub
| sequent law extending such powers and
| Jurisdiction to telegraph companies,