The Cairo bulletin., 1907-03-06
LEGISLATORS AT SPRINGFIELD
FEAR LAW MAY BECOME
SUBJECT FOR COURTS.
HEAR STEAD'S OPINION
Which is to Determine Passage of
Measure--Riaht of General AS.
sembIy to fix Railroad
Fares is Disputed,

1
the Republican steering committe
met today prior to The regular ses
SION of the house Judge Indy
chairman Of the committee laid lie
fore it the opinion of Attorney Gen
eral Stead as to the constitutionalit,
of the 2-cent maximum passenge
rate bill Of the committee on rail
roads.
Upon that opinion will depenC
greatly not only the time for house
action on the bill but also the form
In. which the bill will be advanced tc
third reading and passed
Law Subjec to Courts Review
Attorney General Steads opinion
was to the effect that the bill as
drawn is constitutional; that there is
no question of the right of legsla-
tive body ia enact laws fixing a
maximum rate for passenger traff c
on the roads in the state. The opin-
ion will also, it is asserted hold that
the question Of what constitutes a
reasonable rate is a matter for the
courts to decide-in other words that
such legislation is subject to court
review.
Ii is upon this point and the ques-
tiOn of the effect of an adverse dec!-
sion in the case of some particular
road appealing to the courts on the
proposed laws as whole that opin-
ion varies widely and it is entirely
possible that the bill will not be
called up for action tomorrow. bur
lie over until the matter has been
thoroughly discussed
Opponents of the bill in its present
form, which provides for a fiat 2-cent
rate on all railroads within the state,
that an adverse decision in
any particular case would invalidate
the bill. This opinion is directly OPP
posed to that of Mr., Chiporfeld, of
the steering committee, who has
been looking up decisions in similar
cases and who will present his views
At tomorrows meeting of the Re
publican steering committee
judicial Rulings at Variance.
Decisions of the Illinois supreme |
,Ourt and the supreme court of the |
United States apparently are fatty
1t variance on the whole question
THE state supreme court of this |
,tate.' said Mr. Chjperfield today,
has held that legislative policy is
lot subject to court review This
vas also the ruling of the United
states supreme court up to a few
ears ago. Chief Justice Waite in
he Mum case held hat in cases of
buse Of legislative power the rem
dy of the people was at the polls and
ot in the courts. But this ruling
las been entirely reversed, as the
upreme court now holds that when
ates amount 10 deprivation of Prep.
rty rights such rates are subject to
eview by the courts as to their rea-
Onableness.'
stead's Opinion May Govern.
indeed, the whole matter tonight I
nemed to be dependent on the inter
rotation of Attorney General Stead {
pinion. Should this not raise any I
oubts as to the fate of the proposed :
w in case it should get into the
)urts, il is probable he bill will be
lpportcd by the house leaders as
now stands with the exception of
nending the title.
The suggestion was made tonight
lat the addition TO the committee
III OF a proviso for court review
here the claim was made that the
te was unreasonable and not jus
fed by the roads earnings might
nOoth the path of the bill. but he
CO did not seem to meet with much
vor with those who favor the Till
its present form If it would BE- a
I'd law in its present form. tney
intend, the laws Of Iowa. Nebraska,
hio and other states are bad laws.
Attorney General Stead's opinion
as a lengthy one and many court
'cisions bearing on all phases of the
Iestion were quoted.
sneen and Commission Hold OF.
Preliminary 10 the regular month E.
meeting members of the railroad i
ID warehouse commission came to
Driugfeld yesterday aud were in =
nfercncc with Governor Deneen. :,
be- pros spectivc reduction in passc1- :.
r fares by the Illinois railroads was
der discussion
The position assumed by the board
that since the legislature and the
mmission have c3ncurrcd furisdic-
N in the matter Of rate reductions. =
e situation assumes a phase similar :.
a case In court. Since the a. ~
mbly has taken steps toward re-
cling passenger rates in the state
, railroad and warehouse commits y
n sill take no action on this sub 'i
t so long as the legislature is in :.
sion 81