Evening star., 1907-08-27
rate and in the second instance by tn
commission which revises that rate.
Ra}1wava a Public Necessity.


The railway Is a public necessity. For
this reason in its construction private
property may be taken against the will OF
the owner In exactly the same way
when that highway has been constructed
the public may, in It's own interest, or as
measure of self-protection, direct as to its
operation. It may say what trains shall
be run, what rates shall be charged But
just as the railway company could not; IN
the construction of its railway, appropriate
private property without just compensation.
30 the public cannot after that railway
is constructed. appropriate the private
property which has entered into IT TO the
public use without Just compensation. In
other words 1t cannot compel the railway
to render it's service to the public upon
such terms as will not yield to Its owners
fair return upon the Vaiue OF properly
this would be to deprive the railway COM
pany Of its property without due process of
law. in violation of the fourteenth amend
ment It would be a taking of private
violation Of the fifth amendment, II the rate
Is established by federal authority. This is
the ground upon which the federal court
interferes.
Attitude Of the Courts.
Tho courts have said that the govern
ment may regulate our railways. but they
have further said that the power to regu-
late is not the power to destroy. When
the action of legislature or commission
ceases to be fair regulation. and becomes
wanton or destructive, the court will inter-
fere to prevent this. as 1t interferes to
prevent other abuses Of legislative power.
To state this another way: A railroad
rate may be fixed by statute, or it may be
established by a commission under statu-
every intent the law of the land. If the es-
tablished rates do not yield to the carrier
a fair return, or are not just and reason
able measures of regulation, the law which
prehend that courts in declaring rates fixed
by public authority illegal will be guided
by much the same considerations as In
passing upon the constitutionality or laws
Every presumption is indulged in favor Of
the constitutionality; but II 1t clearly ap-
pears that the law is unconstitutional 1t Is
set aside. The presumption will be that
the rate established by legislature or com
mission is lawful. but the railway may al
ways show that in fact 1t Is unlawful Thls
may be frequently done with respect to an
entire schedule; In case Of single rate 1t
will seldom be done where the regulating
body has acted within its authority. hon
estly. and with decent show of reason.
Duties Of the Commission.
The conclusion of the whole matter is
this: If the interstate commerce commits
sion is vested with a jurisdiction so tre-
mendous in extent and of such f1nality
every effort should be made to provide
body adequate to the trust. That commits
sion under the present law is charged with
two sets Of duties requiring diverse qualif-
cations for their discharge. 1t stands. first,
as representative of the government to see
that these highways are in fact public. 1t
is commanded to enforce the provisions of
the act to regulate commerce 1t must see
that rates are reasonable and just; that the
practices and regulations of railways
not oppressive; that the penaltt ss provided
by the act are enforced. In the near future
its powers must be extended to the opera
tion of the railway as we'll These duties
are largely executive They can best be
discharged by q single head, responsible to