The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1905-05-13
ATTORNEY GENERAL pr,n,,
POWERS OF CONGRESS
Legislative body's Autho.,..
Regulate Railroad R.,..
doubled, and Not Sub,ec, :.
terference OF Court. w.,
Restrain Consiscatory s,,h,.

regulate railroads, on the racss
Senator 8. B. Elkins, chairman !.
senate committee on interstats ;. ~
merce. Mr.. Moody, acknovlsdussaa '
the inquiry. says:
''Your letter, supplemented h,
communication, calls upon me - ". Wy
slider the governmental power II ~, wy
late the operations Of railroads 10y. .a
oially in the respect Of fixing rats. s
transportation. oy whom that nen .e
so far as it exists in the national .'a
eminent, may be exercised oon.. s.>
tionally, and what limits to thu no"ss
il any, are prescribed by the ooss,;s
tion.''
Mr.. Moody thus SUMMARIZE i.
views:
81. There is a governmental nov..
to flx the maximum future ohsraas :,
carriers by railroad. vested in thu i.
islatures Of the states with regard !,
transportation exclusively within n.
states, and vested in congress with ~
gard to all other transportation.
"2. Although Legislative povs,
properly speaking, can ont be deleas,
ed, the lawmaking body, having enact
ed into law the standard of cbarps,
which shall control, may intrust to An
administrative body not exercising n
the true sense judicial power, the dutv
to fix rates in conformity with that
standard.
SO. The rate making power is nota
judicial function and cannot be con.
ferred constitutionally upon the courts
of the United States, either by way Of
original or appellate jurisdiction.
Courts to Prevent Confiscation.
"a. The courts, however, have The
power to investigate any rates fixed by
legislative authority and to determine
whether they are such as would becon.
fisoatory Of the property Of the carrier,
and If they are judicially found to be
confiscatory in their effect, to restrain
their enforcement.
SO. Any law which attempts to
deprive the courts Of this power is un-
constitutional.
'6. Any regulation Of land trans,
portation, however exercised, would
seem to be so indirect in its effect up
on the ports that it could not consti-
tute q preference between the ports Of
different states within the meaning Of
article /, section 8, paragraph Of
the constitution.
81. Reasonable, just and impartial
rates determined by Legislative author.
ity are not within the prohibition Of
article /, section 9, paragraph Of the
constitution. even though they result
in a varying charge per ton per mile
to, and from the ports of dltefsns
states.
VALIDITY of Commissions.
Celebrating his views, Mr.. Moody
says in part:
tsIn the earlier cases before the ooui5
the legislatures had prescribed, ss-
officially, in the law the maximum
rates to be observed in the fatus'
Legislatures obviously, however eau
deal with such questions only Id 'D'
most general way. Laws, Therefore
were passed by many of the states . sn
oc+;,r, +ho4 ratoa ahould be impartial
and reasonable, and creating snsu
body, often called a railroad connn
sion. The courts have held that ~nsa'
the legislature has enacted that 's,"
shall be impartial and reasonable, '~
duty Of executing this law ana o'',.
mining the rate for the future ~ ''
tail in conformity with it, may WV.
ferred oonstitutionally upon an aoun =
istrative body, and that . gram -.
such power is not delegation ~
legislative authority" ,., n.
Decisions are quoted to establish n. y.
right Of congress to confer upou .ha
interstate commerce commlSs'0'
authority to flx future rates.
Granger Cases Quoted.
Mr.. Moody quotes the "s 'ss;es.
cases, in which the power Oh =. ms.
lures to fix maximum rates was .sm.
tanned by the United States '1f rhiob
court, and the Texas cases, IN .soro,.
tho Same court enjoined the e ~ .
mont OF rates which it deemed V y
unjust and unreasonable as W rhta Of
practical destruction OF the
property. He continues: -. Cd
81 amaof the opinion tna' ; i BY
forcement Of any rates pres1a.b a n
such national authority wouio ~ Of
strained 81 the court if they s var %
such an unreasonable ohalaO st and
would deny to the carrier Jo ~ ser
reasonable compensation fo o.. =, deorirs
vices, and thereby necessarily . o
it Of it's property without JUST The I a.
sation o. due process Of law. lD ~ % |
thority Of the courts to inqulI. d,d
the character and effect Of !. Ia 4hs;r o.
legislatively, and to prohlols ,osr'
forcement il confscatory. IS 0''
preference Of ports .,us
Mr.. Moody then discusses ssnsatiitaaop
length the section Of the % ,nrovids
Of the United States wniCn aivep By
that No preference SHAH - = ? ressuus
any regulation Or commerce = .hose q
70 the oorts Of one state osol VOID TO o.