Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-05-06
Atty Gen, Moody In a Letter TO
Senator Elkins Declares that
1t Is Adequate
NOT AGAINST THE CONSTITUTION
Congress May fnrfust TO ADM nlstra'
tive Body the Duty Of Fif'
lsg Rates
Department OF Justice,
ffAtakg n lnlt

"DolMllnNnl OF JNhllV'
MAY 8, 1905,
Hon stephen Il, ElkIns. Chairman
Committee on Interstate Commerce,
United states Senate.
"sir.-I have the honor TO aoknowl-
edge the receipt Of your letter io'
rloatIng, on behalf OF the senate com.
mitloe on Interstate commerce, my
opinion on certain questions Of law,
"Yonr lCltcr, supplemented by oral
communications calls upon me TO con-
sidor tho governmental power TO rogu'
late the operations VI railroads, ospo'
oially I'm the respect VI llxing rates FOR
transportation by whom that power
~ far as II exists IN the national gov
eminent may be exercised constltus
tionnly and what limits 10 the power,
n any are prescribed by the Constitu'
ton"
After roctlng the cases which have
been before the supreme court from
time 10 time the attorney general con-
cludoe M follows
~ conclude, therefore, that any law
for the llXinR of rates, according to
the standard " roasonlbenohH Impair
TALLY and Justice or any action taken
by subordinate administrative body,
not be obnoSlOuH 10 article I, section o.,
paragraph q, OF the Constitution, oven
II II resulted IN disHlmilar rates 20 and
from the ports Of different states,
THE views which ! have expressed
may be stated briefly ne follows
"l-Thoro N a governmental power
10 llX the maximum future charges OF
curriers' by railroad, vested In the legs
HlatuTOs Of the states with regard 20
transportation exclusively within tho
entos, aud vested In Congress win re-
gurd 10 nll other transportation,
although legislative power prop
orly speaking can not be delegated mo
luWmnklng body having enacted mo
law the slandnfd Of charges when Nhhll
control may intrust 10 an adminlsllg'
tive body not exercising IN the true
sense judicial power the luty 10 lN
rates IN conformity with that standard
"8-~rhe rato.maklng power " not u
judicial function and can not DO colls
lvrrod constItntlonally upon the courts
Of the United states, either by way OF
original or appellate jurisdiction
"i.-The c0uTle however have the
power 10 Investigate any rate or rates
fixed by legislative authority ana 10
determine whether they are such nB
would be conllscal0ry OF the property
Of the carrier, and II they are judlciully
found TO be- conliscatory IN their effect
10 restrain their enforcement
"b-Any law which attempts 20 de-
| prlyo the courts OF this power Us un-
| constitutional
"6--Any regulation Of land tNnapor'
| tatlon, however exercised, would seem
20 be- no Indirect IN lts effect upon the
ports that II could not constitute "A
preference between the ports OF dlltor.
ont states within the meaning Of article
l, section ., paragraph OF tho ConSll.
tuition,
"1 Reasonable Just, and impartial
rates determined by legislative author.
ny are not within the prohibition Of ar
tlolo 1, section ., paragraph q OF tho
ronstItutlon, even though they result
I'm a varying charge per ton mile TO ana
from the ports ~ the different states,
VERY respectfully
WILLIAM H. MOODY,
Attorney. General"