Daily capital journal. (Salem, Oregon) 1903-1919, 1907-01-12
ARGUMENTS
FOR THE
COMMISSION
representative From Douglas
County Reviews Decisions

g Jackson. of Douglas county,
who arrived in Salem yesterday, it is
bevond the power of the legislature
IN enact railroad legislation that
are not subject to judicial review,
and. If any laws are enacted look
ing TO the regulation of railroads in
this state and the regulation of inter-
state and interstate rates for freight
and passengers they will have to pro-
vide means whereby they can be re-
viewed by the judiciary and be rea-
sonable in their requirements.
Mr. Jackson has made a special
study of the railroad question since
Il has become such an important is
sue in this state and there is gem
eral demand for railroad legislation,
from a legal and technical stand
point has looked up all of the lead
ing authorities upon the>.subject and
has come to the conclusion that the
old doctrine that the judgment of
the legislature, fixing railroad rates.
binds the courts as we'll as the peo-
ple" has been renounced by later de-
cisions of the supreme court of the
United States and that the power Of
railroad legislation is more of a ju-
dicial one than legislative:. In an
interview with The Journal. Mr..
Jackson said
ut seems that the concensus Of
opinion is that there will be some
railroad legislation had at the COM
ing session of the legislature. The
people have placed themselves on
record strongly favoring legislation
along this line to remove past abuses
along the line of unjust discrimina-
tion, extortions and instability in
rates. It is not so much that com
mission bill should be passed regula-
ting rates controlling the railroads
but what the people want is an effec-
tive measure and one which will
stand the test of the courts in a judi
cial review.
should an act be passed which
would not stand the test of the courts
we would be as bad off as we were
\ before. Railroads have in the past
resisted legislative control principal
ly upon four grounds: First. that
legislatures have no right to fix
rates; second. conceding the right,
their acts are void insofar as the at
tempt 10 regulate interstate rates;
third, again conceding the right, they
mainain that their charters exempt
them from legislative control; fourth.
again concedins the right TO make
rates, the legislative power is not
absolute but subject TO judicial re-
view through the courts
The first proposition mentioned
was settled as far back as 1876 In
what is known as the Granger cases,
which arose under the laws of Illi-
nois, Iowa, Wisconsin and Minnesota
IN these decisions the court placed
The right OF legislative control on
three grounds: First. the railroads
are common carriers for hire. exercis-
ing a sort OF public Office in which
public rights are involved; second.
they are public highways and as such
are subject TO state control; third,
the right Of eminent domain is ex-
tended and the fundamental princi
pies OF which is that the power and
the exercise for public purpose and
that only.
The courts have laid down this
general doctrine that when property
Is clothed with a public interest. or
devoted TO use In which the public
mas an interest IL becomes subject
TO legislative control as TO the rates
TOT It's use.' The second proposition
OF objection. that the state can regu-
late only interstate rates has been
upheld in the case OF the Wabash
hallway company VS.. Illinois and
mat is now the law as established
oy the courts, though prior to 1886
IN the Granger cases il was held
mat in the absence of congressional
action the states could control inter-
s'a'e rates insofar as they effected
us citizens.
The rule laid down in the Wa
Dash case was instrumental in the
usage OF our interstate commerce
act on January 2l, 1887, establish
'ng our interstates commerce COM
mission. The third objection. that
me charters exempt them from leg
SlatlYe control. and did not meet
win any favor In the courts. the
'aSe OF Ruggles VS.. Illinois put that
contention TO rest.
But the fourth objection raised
ol me railroads. that the rates ixed