Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-09-10
LOW FARE LAW VOID
Court Holds Pennsylvania Act
Unconstitutional.
CASE IN THE COMMON PLEAS
This Is Only the Beginning of the
Contest.
BE TAKEN AT ONCE
The Decision Caused Some Surprise at
Harrisburg, Where the Law
Was Drafted.

court, declared unconstitutional the TWO
| cent railroad fare law passed by the last
| Legislature. The case upon which the de-
! cision made will be at once taken to
| the state supreme court.
The two-cent-fare law was enacted by
the Legislature n result OF agitation dur
ing the last political campaign all parties
pledging themselves in favor of such legis-
lation. The railroads, led by the Pennsyl-
vania and Reading, made a strong fight
against the enactment Of the law, but both
branches of the legislature passed the bill
with practically a unanimous vote The
law was to go into effect October l.
The Pennsylvania was the first to attack
the law, bringing a suit in the local courts
to restrain the county of Philadelphia from
collecting the fine for violating the pro-
visions of the act. The hearing in the case
lasted nearly week. and among the wit
nesses were President McCrea and several
of the vice presidents of the Pennsylvania
railroad. The contention of the company
was that the law not constitutional, and
that the two-Cent rate was fixed without
any investigation on the part OF the legis-
lature to whether the railroads could
make a fair profit under the law, which the
company asserts it cannot do. All other
railroads operating in Pennsylvania have
also brought similar proceedings in various
counties of the state but no decisions have
been rendered, as it is generally understood
that the Pennsylvania suit will be made
the test case in the higher court.
What the Court Says.
The decision of the court takes up 110
10
limitations in the present case and de-
claring the pennsylvania Railroad Com
pany is not vested with any immunity from
the exercise of the power OF the legisla-
ture to regulate rates" the court takes up
the contention of the company that the
2-cent rate is unreasonable, sustains the
contention and grants the injunction asked
for.
Continuing the court says:
There remains now to be disposed of
the question whether the act is to be de-
MED enforcement on the ground that by
reason of the generality of its language it
extends to interstate commerce and thus
infringes on the province of the federal
law. This question must be answered in
the negative.
1T is of course not to be disputed that
when. under the constitutional power to
regulate commerce among the states.
Congress has undertaken the regulation
of interstate railroad rates the legislature
of Pennsylvania has no authority to NEEDLE
with that matter. But legislative intent
to exceed constitutional rights and to vo-
late fundamental law is never to be pre-
sumed If the language of the statute can
be satisfied by contrary construction.
Law is Invalid.
"A statute is to be construed in connec-
ton with a constitutional provision in pari
materia. The act with which we are con-
ie- TO ha dad
tended to apply only to that part of the
passenger business of the railroads over
which the legislative power of regulation
extends, and since that business is not so
confused with interstate passenger traffic
to be insusceptible OF separate regula-
ton hold that the act is rot invalid for
the reason last suggested.
Upon the whole case we are of opinion,
and, therefore. find that although with re-
spect to its title and other matters of form
valid objection to the law exists its
operation. so far it relates to the Penn
sylvania Railroad Company. is objection
able on constitutional grounds
Findings of Fact.
Under the head Of plaintiffs request for
findings of fact the court affirms that:
The method used in ascertaining the ex-
pense of handling the complainant's intra-
state passenger business is the correct one
That the percentage realized under ex-
isting rates of fare upon the cost of the
property is not unfair or unreasonable and
that the percentage under the new law
would not he fair or properly compensa-
tory.
THAT cost of conducting railroad busi-
ness for several years has been greatly and
constantly increasing.
That reduction in intrastate rates will
most probably compel corresponding re-
duction in interstate rates.
THAT the average rate per mile for car
rying intrastate passengers does not now
exceed cents mile
THAT reduction of rates would not be
likely TO lead to increase of business.
That a uniform rate of . cents could not
in all probability be obtained from all pas
sengers and is neither advantageous to
the public nor just TO the company.
That there is no evidence that legislature
investigated the matter before enactng
the law.
To the Defendants.
In the defendants requests for findings
the court refuses the following:
In determining whether the maximum
rate, as specified in the act, is improper. all
the traffic and receipts of the plaintiff
within the state. and subjected to the con-
trol of the Legislature, must be taken into
consideration. The passenger traffic cannot
be segregated and considered without ref
erence 10 receipts from the express and
freight traffic and all other sources OF cor
pOrate earnings"
Railroad Men Pleased
officials of the Pennsylvania railroad
were pleased when they learned that the
new law had been declared unconstitu-
tional None of them cared to publicly
! comment on the decision however. The de-
! cs6n rendered today applies only to the
county of Philadelphia. The law becomes
| operative october /, and, in order to have
| a decision that will cover the entire state
| IL is the intention of THE Pennsylvania
| railroad to ask the supreme court to take
| action ON today's decision before that date.