New-York tribune., 1907-09-11
THE TWO-CEyT FARE DECISION

The decision of the Philadelphia Court or
Common Pleas that the two-cent fare Jaw Il.
PENNSYLVANIA is unconstitutional is the nrSt oi
what will be a large grist of decisions Oh 'h'S
subject from courts in the score or so OF states
having such law. The Philadelphia court mas
not the final word upon the subject Inc case
will 90 TO the PENNSYLVANIA Supreme Court, and
nerhsps thence TO the Federal Supreme Court
It Is not unlikely that some judges in other
states will have a different opinion of the law
from that lust pronounced in Philadelphia, so
that too much importance should not be attached
10 this Judgment.
Some of the grounds on which the Philadel-
pbia court rejects the law are purely local, 1t
being held TO be In violation of the PennsylVahla
constitution. So likewise it will probably be
held that similar laws in many of the states
violate the constitutions of those states IN
the opinion of the Philadelphia court the two
cent law also violates the federal ConSttuuon
in being confiscatory. and this part of the de-
cison is of national significance, for If the two
cent law is confiscatory in Pennsylvania it is
also presumptivey confiscatOry in the other
states PENNSYLVANIA being by reason of dense
population better adapted TO the low rate than
anv other state In which ii has been enacted
But this part of the Pennsylvania decision car
ries much less conviction than will decisions In
Missouri Minnesota and some other western
states which are to be heard from later. In
those states the two-cent rate has been put into
effect, and when the question of confscation Is
decided the decision will be based on actual eX-
nerience of the law. In Pennsylvania the law
has not been in operation, and the opinion OF
the court that ii would prove confscatory Is
based purely on estimates The people will
await with interest the result of actual tests and
il may appear. as the figures from Minnesota
Indicate that the two-cent rate can be put into
effect profitably on some roads, perhaps even IN
craasing travel enough TO prove advantageous TO
Them while on others It will mean diminished
returns OF course. if the law is confscatory
for a road running in a wilderness where there
is little travel and little chance of stimulating
travel If will be unconstitutional in the state
where the road is, which will prove the folly
of attempting wholesale regulation irrespective
of conditions The figures collected in some OF
the Western States seem TO indicate that the
constitutionality of the two-cent rate will de-
pend not on its effects in general, but on us
effects in special instances. In that case the
effort to reduce rates may defeat itself by being
i'll considered and too inclusive
In any case the decision in Philadelphia is
interesting as showing that the railroads can
safely count in some instances at least, on their
state courts fer protection. The feeling seems
TO prevail in the South and West that the state
courts are bound to uphold state law because
of the pressure of public opinion, while federal
courts will take a tenderer view of property
rights Although there has been much agitation
in Pennsvlyani8 for the two-cent fare, the state
court has not hesitated to take the unpopular
view.