The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-05-06
CONGRESS CAN
FIX THE RATES
Legislatures Also Have Power With
in State Boundaries.
COURTS CAN INVESTIGATE
QUESTIONS ANSWERED BY AT
TORNEY GENERAL.
department of Justice,

May > 1900
Hon. Stephen &. EIkius. Chairman
Committee on Interstate Commerce,
United States Senate
Sir have the honor to acknOwl-
edge the receipt of your letter re
questing, on behalf of the senate com
mittee on interstate commerce. my
opinion on certain questions OF law
Your letter, supplemented by oral
cOmmuuiCa ton. calls upon me 10 con-
slider the governmental power TO reSu-
late the operations of railroads. eSpe-
ciaIIy in the respect of fixing rates for
transporta ton. by whom that power,
so far as it exists III the national gov
eminent may be exercised cOnSJItu-
tiouaIIy, and what limits to the power.
if any. are prescribed by the conSttu-
ton"
After recitiuC the cases which have
been before the supreme court from
time to time the attorney general con
Guides as follows
L conclude. therefore. that any law
for the fixing of rates. according to
the standard OF reaSoUa bleUeSS- impair
TALLY and justice, or any action taken
by subordinate administrative body.
i'm the execution of such law. would
not be obnoxious to article I. section 2
paragraph S. OF the constitution. even
if it resulted in diSsimilaT rates to and
from the ports of different states
The views which I have expressed
may be stated briefly as follows
There is governmental power
to fix the maximum future charges OF
carriers by railroad. vested in the leg
iSIatureS of the states with regard to
transportation exclusively within the
states. and vested in congress with re-
gard 20 all other transportation
Although legislative power. prop
er1v speaking. can not b. delegated, the
Iavmaking body having enacted into
law the standard of charges which shall
control. may intrust to an 9dministra-
tive body not exercising in the true
sense judicial power the duty to fix
rates i'm conformity with that stand
ard.
.'S-The rate-maling power is not a
judicial function and can not BE- con-
! ferred constitutiOnally upon the courts
of the United States either by way of
original or appellate jurisdiction
1.-THE courts. however. have the
power to investigate any rate or rates
fixed by legislative authority and &c
determine whether they are such as
! would be cOnfiscatoTy of the property
! of the carrier. and if they are iudiCially
( found to be cOnfisCatory IN their effect
/ to restrain their enforcement
Any Law which attempts to de
/ prive the courts of this power is un-
: constitutional.
ANY regulation of land tTanspOT
B tation- however exercised. would seen
/ 10 he so indirect in its effect upOu thu
/ ports that il could not constitute
/ preference between the ports of differ
/ ent states within the meaning of article
I. section 9. paragraph of the consti
tuition.
Reasonable, just and impartia
rates determined by legislative author
itv are not within the prohibition Of ar
| ticIe ]. section 9, paragraph of tn
| constitution, even though they result
I'm a varying charge per ton mile to an
| from the ports of the different States
Very respectfully.
WILLIAM H. MOODY.
Attorney General