The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-04-12
DELEGATED LEGISLATIVE
POWERS.

lism or rather through its teachings, |
there has been a good deal Of discus
sion in the press and among statesmen
and constitutional lawyers as TO the
extent to which congress and state leg
islatures can delegate to others their
constitutionally derived powers OF leg
islation. Many cases involving this
point of constitutional law have been
presented to the courts of last resort.
The supreme court of Minnesota has
recently made a decision in a case IN
which this question was raised. The
New York Journal of Commerce OF &
late issue contained an editorial on this
question in review of this Minnesota
supreme court decision.
AS the Journal of Commerce says,
the decision is of general interest as
bearing upon the powers that may be
delegated by a state Legislature to an
administrative commission, for tln1
principle involved is of general appli-
cation.
1t is well known that the decisions Of
the court of last resort of n state are
aot at all binding on the courts of
another state; still, they are always
| considered by judges in other states in
! passing on questions of law involved
in similar cases which come before
them, and it is we'll known that the
decisions of the courts of last resort Of
j some states have greater weight and
are considered of higher authority
among the legal profession and with
the judges than those of other states.
In this respect We believe the supreme
court of Minnesota has always been
considered very high authority in the
courts of other states. For this reason
the recent decision Of the supreme
| court Of that state on the question
here discussed will be of interest and
because of that fact we give below the
Journal of Commences editorial on
that decision:
The supreme court Of the state of
Minnesota by a unanimous decision has
releaSed the Great Northern Railroad
Company from the injunction CANT
&c BY the judge OF a county court at
st. Paul on the application of the
attorney general of the state, which
restrained it from issuing the $50, 600
600, Of sock authorized by the directors
without the approval of the state rail
road and warehouse commission. The
decision is Of general interest as bear
ing upon the powers that nay be dele
ACTED by q state Legislature to an adj
! ministrative commission, for the prin-
ciple involved is one of general appli-
cation and the adjudicatiOns of diff
ferent states are likely to agree upon
it. It ia u principle involved in most
of the legislation affecting the powers
of railroad commissions
The MinneOta court does not seem
to have gone into the question of the
special charter rights claimed by the
particular company. The question de-
cided related 10 the powers that might
be delegated to a commission, and it
Is EICIu AK (AC III Va (L1C
legislature authorizing the commission
of that state Tin it's judgment to al
low an Increase Of capital stock for
uch n on such terms as
it may deem advisable, or in it's dis
erection to refuse it." is unconstitutional
as delegatins a Legislative power,
which the court holds cannot be done
All such powers must be exercised by
the body ia which they are vested by
the constitution and 1t can provide for
a commission only 70 give effect to
what it has specifically provided for
and defined. This has long e the
generally accepted doctrine and the
question IN this cas- was whether the
Minnesota law of 1905 departed from
it.
The owe Of the legislature itself
is acknowledged to be complete 1t
may prescribe the terms and conditions
| upon which corporations are created
in regard to their powers. their capital
stock. purposes Of its increase and
! other regulations. but it cGnnOt dele
| gate the power to do this. 1t may con-
fer upon a commission the duty of
supervising any increase of capital and
! seeing that the terms and conditions
prescribed are complied With. 1t may
| delegate to it the duty Of finding the
! facts in each particular case and au-
! thOriZe and require 1t. if it finds the
tN'oICliSe "a ldStS IhdI bIilS lHe Ease
Within the statutes, to allow the pro
| posed increase. otherwise to refuse
it" The principle is a clear and well
established one. and it is important
that it should be maintained. A
commission annOt itself be invested
win authority to prescribe the terms
and conditions upon which a corpora
ton may issue or increase its stock
or the purposes for which it may be
| issued. That the legislature must
specify.
Take off your hat TO the Charlotte