The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1908-11-05
TWO CENT RATE.
Does Not Apply TO B. & S. Railroad.

Judge Evans handed down an
opinion Monday declaring the two
cent fare law unconstitutional, a
bill in equity having been filed by
the Bloomsbury and Sullivan Rail-
road, which will now return to their
former rates. Opinion follows:
The Bloomsbury and Sullivan
railroad Company VS.. Columbia
County. In Equity.
THE case came before the court
on bill and answer and without ar
gument. The plaintiffs bill COM
plains that the regulation of pas
senger fares attempted by the Act
OF April 5, 1907, substantially al
tiers its charter by curtailing its
charter powers in respect to the
charges to be made for transporta-
tion of passengers as to reduce it's
revenues FROM that class of traffic
to such an extent as to render the
passenger business noncompensato-
ry in its results, and so does a
great injustice to the incorporators
and stockholders of plaintiff corpo
ration. That prior to the passage
of the said act the plaintiff compa-
ny pursuant TO the power and au-
thority vested in it had duly estab-
lished rates of fare for the trans
portation of passengers on and over
the railroad operated by it, which
said rates were continuously main
tained and in force, OH the first day
of October, 1907, at the time when
said Act became effective, and which
said rates were in the judgment of
the plaintiff company's president
and directors, reasonable rates for
the services thus rendered, although
said rates resulted in an actual loss
to the plaintiff in the operation of
its passenger service. That since
the first day of October. 1907, the
plaintiff company has reduced its
established rates to two cents per
mile to comply with the provisions
of the said Act, whereby the gross
receipts of the plaintiffs passenger
traffic have been greatly reduced
when compared with those earned
during the corresponding months
of 1906 and 1907, with the result
that such passenger business has
been conducted at still greater loss
to the plaintiff company, whereby
the property rights of the plaintiff
have been taken without compen-
sation and without due process of
law.
That the said Act is constitution
ally invalid and ineffective in that
while it curtails and restricts the
plaintiff company's rights and pow
ers in respect to compensation for
carriage of passengers, it makes no
provision for compensating the
plaintiff company or incorporators
or stockholders for the manifest in
Jury and injustice caused by de-
priving the plaintiff company of its
existing rights in this behalf, and
therein and thereby does great in
Justice to the plaintiff company's
incorporators and stockholders and
is therefore in conflict with and OBJ
noxious to Section 10 of Article 10
of the Constitution of Pennsylvania,
and that the said Act is in conflict
with and obnoxious to the COM
merce clause of the constitution of
the United States. The prayer of
the bill was that the said Act of
April S, 1907 be declared void and
unconstitutional as to the Blooms
burg & Sullivan Railroad Company,
and that the county of Columbia
he enjoined from bringing any suit
or suits for the recovery of any pen
atty imposed by the Act.
After reciting the facts and the
conclusions of Law the Court enter.
ed the following decree:
And now, November 2, 1908,
this case came on to be heard on
bill and answer, aud upon the hear
ing of the said bill and answer and
consideration thereof by the Court;