Daily press. [volume] (Newport News, Va.) 1896-current, 1905-05-06
Attorney General Moody Sends
Important Opinion to Chair
man Stephen B Elklns.
NOT A JUDICIAL IU>cT,ON
Matter Would Have to Be Rafcrced to
a Properly Constituted Commission
and Courts Still Would Have Pcwe,
to Pass Upon Reasonatlcocss or
Rates Fixed.
tBy Associated Prcss.)
Rates Fixed

U3y Associated Prcss.)
WASHINGTON. d. c., May Sat.
tnrnav General Moody has sent the fol
lowing opinion in response 10 an la
q"iry from Chairman Elkins. of tic
Senate committee on interstate com
mcrcc:
department of Justice.
May 5. 1905.
Hen Stephen p. Ellsins.
Chairman Committee on Interstate
Cc:nmeicc,
Omitted States Senate.
Sir have the homer to acknowl-
| c''Se The receipt of your letter request
| ing on behalf of the Senate Commit
tee On Interstate Commerce, my opin-
.on on certain questions Of law.
Your letter supplemented by oral
| communication, calls upon me to CON
siler the governmental power to reg,,-
late tho operations of railroads. cspe.
| eially in the respect Of fixing rates for
trhnsportati Ivy whom that power.
SO far as il exists in the National gov.
}sl'ni ~ ';s's,h mag he exercised constit,i-
tionally. and what limits to tho power,
if any are prescribed by the Constitu.
ton
Government Has the Power.
"Af;ec great consideration. it was
settled in the group of cases common
ly called the Granger cases, that there
is governmental power to regulate
the operations OF railroads acting as
common carriers and. as a part of
such regulation. 10 prescribe the maxi.
mum rates Which they may charge In
lie future fer the services which they
shall render TO those who resort 20
them, and that the power is vested in,
ana may be exercised by. the legisla.
tive branch Of The government
rlcSe cases were concerned with
The regulation of rates by the lcgisla.
tlE e of Tho State for transportation he.
ginning and ending within The State
The principle announced in them was
affirmed in RugGlcs y. Illinois CLOS y.
s.. SID, aid Illinois Central II. r. Co,
v. The People OF the State of Illinois
tI0S u. S. rln has been adopted az
| The rule of decision in many subse-
qucnt opinions of the Supreme Court
AMI of the highest courts of the States,
ami although originally established
over dissent, is now acquiesced i'll by
MI as The settled law Of the land.
How Power is Divided.
Under the division of the govern.
mental power made by the Constitli.
ten of the United States, the author
it,; to regulate the charges of railroads.
SO far as those charges arc made for
traffic which is exclusively within the
| States, resides in the legislature OF tho
States. and SO far as they are made
for cthcr traffic. resides i'm Congress.
(Constitution ot tho United States. ar
ticle l. section 8. paragraph 81 This
division of power is fundamental. has;
been recognized in all the cases, and
IS fli!strcted clearly by both the ma
Iority and dissenting opinions in Wa
bash. st, Louis & Pacific Ry. Co. v.
Illinois (l1S U. S.. $50.
It's not necessary for practical pur.
poses To so So far as 10 say that no
regulation Of land transportation can
be conceived which would be in con
hict with this clause of tho Conslitr.
ton. 1t is enough to say that If any
such may bo inadc hereafter MS will
arbitrarily and directly prefer the port>;
OF one State 10 those Of another. Il
Will Re declared void by the courts. II
may well he assumed that In legiSlat-
ing upon the subject Congress will lay
down as tho guiding rule for the dc
termination Of rates. that they shall DO
! reasonable, just and impartial. That
r'ilcswould be the law. and the Com.
mission would Dc charged with It's exc
cutlon after ascertaining and decld,
Ing what would be just, reasonable,
and Impartial rates
No Conflict Will, Constitution.
II it be claimed that rates conform.
Ing 20 this standard Will conflict will.
this clause Of the Constitution because