Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-31

Carolina. found that to reduce its pas
senger rate to ~ cents per mile would so
largely diminish this revenue as to make
the enforcement of this passenger rate
equivalent to a confiscation of its property.
Supreme Court Decision Cited.
'The Supreme Court of the United States
has decided that In cases of this kind it is
competent for the railroad company to file
a suit in the federal court citing as defend
ant such body the North Carolina cor
poration commission, and have a compre-
hensive inquiry made into the situation
Also to determine in an orderly way
whether or not such act the one in
question is violative Of the Constitution of
the United States as deprivation Of the
property OF the railroad company without
compensation and as denying to the rail-
road company equal protection of the laws
Such suits as these have been from time to
time filed in very large number of states
in the Union. and have therefore progressed
in an orderly way to a final determination
Leading up to the present situation in
North Carolina. Mr.. Finley detailed the
fling of a suit in the United States circuit
setting forth in detail what would be the
effect of the enforcement of the passenger
| rates upon the revenue of the Southern
railway. Due notice, he said was given for
a motion for an injunction pending the suit.
and counsel selected by the state appeared
before the United States circuit court.
After full hearing said Mr.. Finley.
and the presentation of proof by affidaVits
| the court entered an order directing that
until the final determination of the cause
the company might continue to charge for
| its passenger rate what 1t had heretofore
charged. In order, however, TO see to it
that in the event 1t should turn out that
the two-and-one-quarter-ee rate was a
reasonable one, and in order that the pub
lie should be in no way harmed by the tenn
porary suspension of this rate, the court
was careful to provide that there should
be attached to each ticket sold coupon
which would represent the difference be-
tween the amount collected in connection
with the sale of such ticket and the amount
calculated at the ~ cents per mile.
A Further Provision.
1T was further provided that the railroad
should give bond. with good security to pay
into court such amount of money as
from time to time should be necessary to
make secure these coupons. This bond
was duly given. The effect Of this arrange
ment was that If 1t should turn out In the
final result that the reduction to ~ cents
per mile was reasonable and lawful no one
of the patrons would suffer damage. The
coupons representing the difference, as ex-
plained, could have been presented to the
court and paid out OF the fund to be pro-
vided.
I'm my estimation it would be difficult to
conceive of an arrangement which would
have been fairer to the public. In order
that the litigation might not be deayed the
court appointed a commissioner to take
proof. requiring him to report as early as
the month Of September. Thus II the mat
ter had been allowed to take an orderly
course. there is no reason why within a
very few months. the whole matter could
not have been heard and determined by
the circuit court, the public being fully rep
resented In the litigation and also being
fully guarded against pecuniary loss.
1T would seem to be perfectly plain that
any individual or corporation believing it
self to be in danger of deprivation OF its
property by legislation should be allowed
the privilege Of having the validity of the
legislation determined in an orderly man
ner and 1t would seem to be perfectly fair
to the public that a course Of procedure
should be taken which would on the one
hand protect the rights of the person or
corporation. and on the other amply pro-
tect the public. in the event that 1t should
turn out that the legislation was valid.
Procedure in Other States.
Suits similar to these have been proceed
! ed with to final judgment, and are now
! pending in large number OF states of the
| Union. In these instances no efforts have
been made by the state authorities to ham
per or interfere with the orderly course Of
| judicial procedure. If ours is to be a aoy-
eminent OF law and not of man, then snre
| ly no litigant should be deprived OF a fair
| opportunity of going into the courts to nro
| tect his rights.
The Southern railway is bound to nro-
| tect Its property. not only in the interest
! OF its owners and creditors. but also in
the interest of the whole public. 1t has a
| law for its protection 1t Is not In the
| right or interest OF the people of NortA,
| Carolina that the ability of the TRANSPORTS
tion companies to perform the public service