Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-09-17
FIRST BLOOD ron THE ROADS.

The pennsylvanin Railroad CONF
pany has won the first round IN me
grent FIGHT with the state over the
two-cent passenger rate law-the
common pleas court Of P~hlladelphlh
ha / handed down a decision about
a week ngo. which fully sustains inc
eompany I'm It's contentious as to me
invalldity Of the act, under both the
national and state constitutions.
OF course, this does not. by any
means. settle the question, because
let. the higher courts to whiehA the
case VIII now be carried, may re-
verse the judgment Of the common
pleas. and "a, because the point ot
eontaet with the federal constitution
which Is cited in the decision. Is per-
sonal to the Pennsylvania company
by reaaon OF the terms Of its charter
and The same ground Of vantage may
not lle IN the case Of any other ROAD
IN the United states. But, taken as q
whole. II - a highly Encouraging
starting point for the roads In their
contest against, the drastic legislation
which has been enacted by several OF
the states. and viii undoubtedly serve
10 put 4 brake on the hasty and ~
considered action In railway AFFAIRS
which has become 50 common In state
legislatures OF late.
The suit was brought by the rail-
road compan 10 enJoin the county Of
philadelphia from collecting any tines
mat rs officials might impose upon
the company for disobeying the law ct
the late legislature which forbade the
charging of more than two cents u
mile for carrying passengers. ana the
plaintiffs base their application upon
The broad ground that the law Ia UNI
constitutional The Judges of the
common pleas court have sustained
this contention. and granted the IN
junction prayed for, In considering
The case they held that the two-oeht
rate law was Ia direct c~ontravention
Of a contract existing hetween the state
ana the corporate p%rogenltor Of the
pennsylvanla railroad, the plaintiff Ia
the case. which In 1876 fixed "A maxi
mum rate 20 be CHARGED for passenger
fares and granted the corporation the
right to charge such fares within
that maximum. as Il might deem rea-
snnahle and proper. such "a violation
Of contract was contrary to Article l.,
section 10. Of the constitution of the
United states. %forbidding states TO
pass laws impairing the obligation OF
contracts. The second broad ground
Of the decision was that the newly es-
tabushcd rate is unreasonable. uu-
profitable aud therefore confiscatnrS,
aud obnoxious ln the eye OF the law
as a violation " both the state and
federal constitutions.
The language 81 the decision. upon
these points. is as follows:
As "a regulation by the Legislature
or the rate of fares for passengers on
the lines constructed by the plaintiff
under tho act ~ April ~. 1876, be-
tween Harrisburg and pittshurg and
p%Ittsburg and Erie the act violates am
existing contract between the plaintiff
and The commonwealth. and so con-
tratenes article one. section ten OF the
constitution ~ the United states
a O. regulation 81 the plaintiff q
Iutm-siaie passenger business In is
entirety. The act under existing Clr-
,umsisu.es Or unreasonable and CON
nseatur1 aud uy lepriNing tho plaiut-
lf of iis property without due process
80 Saw. violate. amendment fourteen
81 the Constitution of thc United
state
This decision which. 90 curse. is
rublect o. review. Boz OF Uldc-reaching
importance. even though 30 has q pee
cullarly local character in D. matter
- the original vhartef uf the corpora
lion. by which the state. according to
the present rullnr surrendered thr
rieht o. establish lower maXima 90
fsf.s than that NAMED boz the charter.
We De- not know 81 auA other states
ir Whirh like local conditions exist.
bat should there be any their couris
would nud in the Pennsylvania a-sls
iau a precedent for construiug them
similarly to the advantage uf tno rail-
roads
nut even apart from such Items the
railing ihat b tHo-cent rate @ un-
prontabie and therefore connsraiop.
B. ukely O. have a decided effect uHon
th. situation al large To b. sure.
conditions 81 to traffic vary widely.
and uhai may b. actually confscaiory
In enc state may not be- 80 regarded
~ anathsr However. pennsylvania
& : STATE ~ exceedingly heavy rss.
~enser traffic. and ID J. lIksif Go b.
cited IN the present controversy a. =