The free lance. (Fredericksburg, Va.) 1885-1926, 1905-05-09
An IMPORTANT OPINION
Attorney General Moody Claims Gov
eminent Can Fix Railroad Rates.
POWER OF CONTROL is DIVIDED

POWER OF CONTROL is DIVIDED
Declares According to the Const'
tion Authority to Regulate Rail
reads Lies With State Legislatures
ana Congress.
Washington. May 6.-Attorney Cor
sral Moody, in an opinion asked for by
Senator stephen b. Elkn. chairman al
the Interstate commerce committee OF
the senate, declares the government can
regulate the operations of railroad.
and fix rates. Mi Moody's decision IN
part is as follows:
Your letter, supplemented by oral
communication. calls upon me TO con-
slider the governmental power TO reeu-
late the operations of railroads, espe-
eially in the respect of fixing rates for
TRANSPORTATION. by whom that power,
so far as it exists in the national gov
eminent. may be exercised constitu-
tionally. and what limits to the power.
if any. are prescribed by the constitu-
ton.
After great consideration. 1t was
settled in the group of cases commonly
called the Granger cases. that there is
4 governmental power 20 regulate the
operations of railroads acting as COM
mon carriers and. as part Of such
regulation. to prescribe the maximum
rates which they may charge in the
future for the services which they shall
render to those who resort 10 them,
and that the power is vested in, and
may be exercised by. the legislative
branch of the government.
Under the division of the govern
mental power made by the constitution
II the United States. the authority to
regulate the charges of railroads. SO
tar as those charges are made for traf-
ac which is exclusively within the
states. resides in the legislatures OF the
states. and so far as they are made for
other traffic. resides in congress. Con
stitution of the United States. article l.
section s. paragraph 81 This division
# power Is fundamental. has been rec
1gnized in all the cases, and is illus
trated clearly by both the majority and
dissenting opinions in Wabash. ST.
Louis and Pacific Ry. Co. VS.. Illinois
O1S T. s. 500"
Mr.. Moody then refers TO numerous
decisions Of state supreme courts and
the United States supreme court, and
says:
Il conclude. therefore, that any law
Tor the fixing of rates, according to the
standard of reasonableness. impartial
ty, and justice. or any action taken by
subordinate administrative body, in
he execution of such law, would not
be obnoxious to article I. section g.
paragraph 8, Of the constitution. even
# it resulted in dissimilar rates to and
from the ports of different states
The views which have expressed
may be stated briefly as follows:
81. There is a governmental power to
fix the maximum future charges of car
riers by railroad. vested in the legisla-
lures of the states with regard TO trans
Dortation exclusively within the states.
and vested in congress with regard to
all other transportation.
"2. Although legislative power, prop
srly speaking can not be delegated, the
awmaking body having enacted into
aw the standard Of charges which
shall control. may intrust to an ad-
illustrative body not exercising in the
rue sense judicial power the duty to
SIX rates in conformity with that stand
ard.
80. The ratemaking power is not a
judicial function and can not be con-
'erred consttutionally upon the courts
IF the United States. either by way Of
original or appellate jurisdiction.
a. The courts however, have the
power to investigate any rates or rates
fixed by legislative authority and to
determine whether they are such as
would be confiscatory OF the property
# the carrier and if they are judicially
,ound to be confscatory in their effect,
% restrain their enforcement
90 Any law which attempts to de-
Drive the courts of this power is I'M
constitutional.
Sc Any regulation of land transpOr-
alton. however exercised, would seem
10 be so indirect in its effect upon the
ports that it could not constitute a
preference between the ports Of differ
mt states within the meaning Of article
I, section 9, paragraph 6 Of the con-
stitutiOn.
~. Reasonable. just. and impartial
rates determined by legislative author
ty are not within the prohibition OF
article /, section 9, paragraph 6 Of the
constitution. even though they result
in a varying charge per ton per mile
to and from the ports Of the different
states"
Deserted Child Dead.
New York, MAY 6.-The police OF
this city telegraphed the authorities
IF Norfolk. Va, to arrest Susie Ed