The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1907-09-13
UNREASONABLE
Two-Cent Fare Law Knocked Out
by Pennsylvania Court
RIGHTS OF STATE UPHELD

Judges Declare That the Plaintiff
Company Is Not Vested With Any
Immunity From the Exercise Of the
Power Of the Legislature.
Philadelphia, Sept. 11.-Judges Will
son and Audenried, in common pleas
court, have declared unconstitutional
the 2-cent railroad fare law passed by
the last legislature. The las upon
which the decision was made will be
at once taken to the state supreme
court. ,
The 2-cent fare law vas enacted by
the legislature as a rdQIlt of agitation
during the last political campaign, all
parties pledging themselves in favor
of such legislation. The railroads, led
by the Pennsylvania and Reading,
made a strong fight against the enact
ment of the law, but both branches
of the legislature passed the bill with
practically a unanimous vote. The
law was to go into effect Oct. 1.
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 provisions of the act.
The hearing in the case lasted nearly
a week and among Che witnesses were
President McCrea and several of the
vice presidents of the Pennsylvania
railroad. The contention of the COM
pany was that the, law was not consti-
tutional and that the 2-cent rate was
fixed without any investigation on the
part of the legislature as to whether
the railroads could make a fair profit
under the law, which the company as
serts 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's
suit will be made the test case in the
higher court. g.
Two-Cent Rate Unreasonable.
The decision of the court takes up
ITO typewriter pages. After review
ing it's limitations in the present case
and declaring the pennsylvania Rail-
road company is not vested with any
immunity from the exercise of the
power of the legislature to regulate
rates." the court takes up the on
tention of the company that the 2
cent rate is unreasonable, sustains
the contention and grants the injunc-
ton asked for. Continuing, the court
says:
"There remains now to be disposed
of the question of whether the act is
to be denied enforcement on the
ground that by reason Of the general.
ity of its language it extends to inter
state commerce and thus infringes on
the province. of the federal laws. This
question must be answered in the
negative. It is, of course, not to be
disputed that when, under it's consti-
tutional power to regulate commerce
among the states, congress has under
taken the regulation of interstate rail-
road rates the legislature of Pennsyl-
-vania has no authority to NEEDLE with
that matter. But a legislative intent
to exceed constitutional rights and to
violate fundamental law Is to
be presumed, If the language of the
statute can be satisfied by a contrary
construction. A statute is to be con-
strued in connection with a %constitu-
tional provision in parimateria. The
act with which we are concerned Is,
therefore, to be regarded as intended
to apply only to that part of the pas
senger business of the railroads over
which the legislative power of regula-
zion extends and since that business
is not so confused with interstate pas
senger traffic as to be ~insusceptible of
separate regulation we hold that the
act is not invalid for the reason last
suggested"
ASKS WRIT OF SUPERcEDEAs
H fl