The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-06-18
TW0-CENT FARE
FOR THREE MONTHS
Continues from Paan !,

| Continued from Page !.
counsel for the state officers be tech
snieally correct, it is without sub
stantial merit as to the rights of the
parties
THAT the fixing of rates by the leg
| islature is presumptively correct, all
/ cOacede. That 1t is a legislative act
all agree. But that such rates must be
4 reasonably renunerative, cannot longer
] be discussed The railways are entitled
/ to cost and a reasonable profit and no
| fair-minded man disputes it, How to
arrive at the cost and reasonable profit
| is a most difficult problem. But it must
be ascertained, and this asceftainment
can only be by judicial proceedings and
| TO be determined only by the courts
and ultimately by the supreme court
of the United States. No skill of the
craftsman by the use of words or
/ phrasing can take that from the courts
to the town meeting. 1t cannot be
changed by defamation, either sopho-
moric or by invective. 1t can never be
settled in a criminal case by arresting
/ ticket agents or conductors. The su-
preme court in the end must have the
evidence, with the right to make an
ultimate findings of fact. No local tri-
bunal, federal or state. can foreclose
the fact as would be done if the case
goes TO the supreme court on writ of
error to the state courts and from the
state courts there is no method of re-
view but by writ of error.
Question of Jurisdiction.
There is but oniy one orderly and
seelnly way and that is i'm equity, with
the right Of appeal to the supreme
court, as has been said by that court
over and over again. The argument
that the courts of the state can de-
eide as to the validity of the laws of
the state as we'll as can the United
States court will not be argued by any
| federal judge, but will De conceded.
These courts are as high-minded and
as learned as are the federal courts,
but that is not the question. 1t is a
question of jurisdiction. And this court
has jurisdiction and will maintain its
Jurisdiction. Nor is this to the prejU-
dice of any one. AS l listened on
Saturday to the argument, l was car
ried back To the days of 1S01-09 / re-
called the judicial revolutions of Vir-
ginia and Pennsylvania. l recalled the
case of Luther VS. Borden, growing out
of the DOrr rebellion. l recalled the
bitterness of half century ago be
tween Iowa and Missouri over the state
line. 1 recalled the recent lives of
Thomas Benton and Governor Morris
by a distinguished author who states
that at one time or another every one
of the original thirteen states has tried
in some form or other to destroy this
government. And i recalled that in
every instance. save the troubles of
1S61-5, that the United States courts
have. in a digniied way, settled the
disputes and laW-abiding people &C
quiesced and the lawless element were
compelled to submit.
DiaLk. Ala
That the states have the right to
manage their own local affairs will
ever be maintained. But it is too late
to talk about states debating to the
government, or to riding down it's
courts. This is a nation. Its COM
will not be interfeFed with by any
state, because for that almost alone
we adopted our constitution. The com
merce clause will always be upheld
and the rights of the citizen including
corporations, will ever pe protected in
their just rights under the fourteenth
amendment. These are national ques-
lions and the supreme court will hold
the scales of justice with the evidence
before them. ! do not know, and of
course do not state that the state leg
islature has wronged these railroads.
That is the case on its merits. But
the railways say they are being
wrOnged and they must have a hearing
and a hearing on the evidence, and
that evidence carried with the record
to the supreme court. And if upon the
evidence they are being compelled to
transact business at a loss, no one need
doubt that the supreme cOure will null
lily the statute. 1t the rates fixed
are renumerative, the statutes will be
upheld. 1t is too late to talk about
the alleged wrongs of the supreme
court declaring statutes void. That
was fought out one hundred years ago.
Down 10 1888, the period covering the
first period Of the supreme court, that
court held twenty United States stat
utes void. During the same period
that court declared as void ISL state
statutes, of which fourteen were Mis-
souri, statutes. (See appendix to vol
13l, United States rep)
Questions TO Be Considered.
How many have since been declared
void / have not taken time to ascertain
And some of the statutes thus declared
void We're railroad rate statutes, enact
ed by the states. 1t must be remen1-
bered that in passenger and freight
carrying there is much to be consider
ed besides rates and fares.
important as any, if not the most
important, is the equality of rates; the
/ treatment and charging alike. No re-
bates, no Determinations must be all
lowed. Safety of traffic and public
including passengers and employees,
must be considered. And of as much
Importance as any other question is eff
] fiCient service RaDid and promOt de-