The Irish standard., 1908-03-28
THE RATE CASES.

SeCtlcQ Oy a line OF decisions extending
from the foundation of the govern.
ment down. that it is legislative
function to fix rates. This legislative
right is limited only by the condition
that the rates fixed must be reason
able. They must not be confiscatory.
They must not be SO high as to take
ones property without due process OF
the law. The Constitution. both Of the
United States and of the several
states, provide that no one shall be de.
prived of his property without due
process Of law. Whether a rate is a
reasonable one or not is for the ju-
dietary to say. If the decision of the
Supreme Court goes to the merit of the
question in the Minnesota case and
holds that the rate is an unreasonable
one. then certainly no criticism ought
to be directed against the decision,
for the Court is simply following the
law as established from the begin
ming.
1t has also been settled beyond any
question that the Legislature of the
several states arc supreme in all mat
tiers within the confines OF their re
spcctive states. 1t was supposed to b.:
we'll settled that the state legislature
had right to regulate corporations
within the boundaries Of the state.
and doubtless the Supreme Court d.
the United States has not denied, d.
rectly at least. that right.
1t has also been we'll settled by nu-
merous decisions. federal and state,
that the law which, because of unreal
sonably drastic penalties or becauze
OF other provision, prohibits person
from free access to the courts to tes,
his rights, is unconstitutional and in
valid. That is no new principle. II
mas come up in innumerable ways
Some states have enacted laws pro-
viding that the real estate of a de-
| ceased person could not be distributed
TO his heirs without the real estate
being placed under tho registered title
system These laws have been held
invalid on the ground that they denied
to the heirs the process Of the courts
unless those heirs complied with the
given requirement. We believe also
that in our own state an inheritanc,
tax law has been declared invalid be-
cause 1t prevented a legatec or heir @,
deviscc from receiving his property
without complying with given require
mcnts.
There Is feature OF the decision
however. which appears novel to tho
iayman, and that is the holding thu;
the inferior federal courts haya q right
to cnjoin state officers from enforcinc
laws of their own states. It will ia
deed be hard for an ordinary person
TO comprehend how an action against
the attorney general Of the state, act
Ing in his capacity as a state of,7ror
is not an action against the state of
minnesota. The 18th Amendment tn
the Constitution of the United States
provides that:
The judicia: power of the United
States shall not be construed TO extend
to any suit in law or equity com
mcnced or prosecuted against one or
the United States by citizens of anoth
or state or by citizens or subjects of
any foreign state"
IT the Federal courts can entertain
actions at law or in equity to prohibit
state officers from enforcing the laws
or the state. it certainly amounts IN
effect to entertaining an action agains.
the state. We suppose. OF course, that
the Supreme Court gets around this
provision by saying that an unconstt.
tutional law is no law, and that when
state officer attempts to enforce an
unconstitutional law. he is acting not
as an officer of the state but "a an
individual
The decision Of the Supreme Court
10 ooth fortunate and unfortunate. It
IS fortunate because it will bring be
fore the people OF this country at the
psychological moment the question
which really overshadows every other.
1t is unfortunate because to the un-
Instructed mind it will appear that the
courts of the country are placing
themselves in opposition to the will OF
the people In the end the decision
must result in good. Without question.
this country has been moving at a
rapid rate towards Capitalization poN-
ers. On every hand the rights Of the
states arc being curtailed Even in
the federal government itself power Is
being centralized in the President and
In the Speaker Of the House. 1t has
been quite common to hear people saw
that there is NO difference between the
| nrincinIoc advocated H..