The free lance. (Fredericksburg, Va.) 1885-1926, 1907-09-12
TWO-CENT LAW VOID
Penna. R. R. Wins Fight Against
Rate Measure.
CASE TO BE APPEALED
sourt Decides State Has No Domain
Over Pennsylvania Railroad. sn6
Cannot Interfere With Its Business
Sy Fixing Arbitrary Charges.

Cannot Interfere With Its Business
sy Fixing Arbitrary Charges.
Philadelphia. sept. 1.-THE Phisdel-
phia common pleas court decided that
the Dunsmore 2-cent-a-mile bill. pass
ed at the last session OF the Pcunsyl-
vania legislature. Is Unconstitutional
After stating that corporI lions char-
tered to construct and operate rail
roads are particularly ut subjects for
regulation by government in respect 20
their charges. Judges Wilson and Au-
denried granted the Pennsylvania Rail-
road company an injunction restraining
the city OF Philadelphia from enforcing
the provisions OF the act
The decision OF the judges is based
upon legal grounds Rlone. With GER
tain features of the controversy say
I the judges. the court has nothing TO
do. The questions with which the court
/ is concerned are purely legal
/ We are bound only TO determine
/ whether the legislation 10 which our
1 attention is directed impairs the rights
/ Of this particular plaintiff under the or
+ ganic or fundamental law OF the land
Questions Of economies and poles are
+ for the legislative branch of the GOV
/ eminent
Following this thought the court de-
clares that the right of the state To
regulate tho conduct and charges of all
persons natural or artificial in auv
+ business in which they may engage
that is affected bv a public interest "
is based upon fundamental law ami Is
TOO firmly fixed In our law To require
/ the citation Of authorities in It's sup
port
1t was established for the protec-
/ tion OF she people against monopoly.
I declares the opinion
The court then adds. Under these
principles. the two sreat Questions pre-
scented hy the case are
= How far. il at all. IS the Penn.
sylvanis Railroad company protected
against legislative regulation ~ tfs
rates or charge for the Transportation
Of passengers. BY contract with the
commonwealth
% Is the regulation imposed by the
/ legislature that no company operating
T a railroad. IN whole or IN part within
/ this commonwealth. shall demand or
/ receive COR carry ling passengers more
/ than two cents per mile. reasonable SO
/ FAR AS concerns the plaintiff
u g. pointed out that under the act
( ~ Us Incorporation. April 49, 1886 the
/ Pennsylvania Railroad company re-
ccived from tho commonwealth the
right 20 demand from its passengers
/ such fares which its officers deem rea-
sonahle with immunity from interfcr-
euce Boy any public authority with the
ratas that g. might establish"
Iu summing mp their reasons for de-
/ clarinc the act Unconstitutional. Judges
/ Wilson and Audonried say.
Upon tho whole case we are OF opin-
| ion. aud therefore. md that aithoulh
/ with respect 90 It's title and other mat
tiers ~ form no valid objection 20 the
act Of April. 1907. exists its opera
tion. So far as 10 relates 20 the Penn
/ syivania Railroad company IS objec
tiouahlo on constitutional ground
We accordingly adjudse that the AZ
OF 8 April 1907. cannot be enforced SO
far as concerns the Pennsylvania Rail.
road COMPANY and that the county OF
| Philadelphia should De restrained from
demanding fines and attempting by
action 20 collect them. n the maximum
rate which that act attempts 10 e7tab
fish be disregarded by the plaintiff"
p City Solicitor J Howard Gendeu sail
that the city would promptly appea
the decision.