Los Angeles herald., 1910-07-10
Judicial Regulation of Public Utility
Corporations


legislative and judicial life of country during the past
half dozen occurred in the growth of public sent
ment ayopg the regulation Of corporations whose functions beng
Of the people and the specialization of that sentiment into dcara
political principles the OF legislation and the
forcement of this legislation by the judiciary.
The and popretos OF some OF the corporations al
sporadic ebulon popular feeling and that it
will shortly and the old order OF unregated corporations
No one ever made greater this view of the
experience through which the country passing his sen-
ephemea adts development marks epoch in the country fe
RAD1cAL AND coMPLETE CHANGE n THE METHODS
OF DEALING WITH THOSE GREAT ORGANIZATIoNS Ms, OF
WHEN UNREGULATED THEY PRESENT A CONSTANT
sve injury the public recessy and in many instances wanton
The last half dozen years produced crop legislation both
and national adopted for the purpose OF regulating these
important hfecorporatons winch
render such public make them intimate and inn
ont factors in the life Of the public legislation
taken the Establishment OF commissions of the character
state commission and OF the various public utility com.
missions OF and cities in existence and the clothing OF
with large in the regulation OF tho cor
poaons placed under their urdcton These powers have not only
been enforced by the commissions holding them but they nave Dee
being constantly extended They have too in recent years
completely upheld by the OF the country There
was time not so many years ago public corporation
by the filing complaint could injunction against almost
books of few ago full OF where efforts regulate
public service corporations by legislative enactment or by action OF
commission official having supposed authority over these
500 in SERIES Of decisions handed down by the supreme court
United States affecting the regulation OF railroad rates ana
fares
One Of the crstalatons OF sentiment fayoring
the regulation public corporations has been shown by the
trend OF judicial opinion in this matter Judges beng human are
affected by the sentiment OF the communities III when hey I'VE %
other and the feeling faorng the regulation OF pubic
powerfully as in any other department OF our puplo = ~;
OF the United States has made notable advance IN Its
until can that within the last few years that court has
probably gone further than other judicial tribunal IN the country
in giving full force Legislation intended to accomplish
this notable illustration of this occurred few days ago
passed upon which formerly had been decided
N Of
commission prescribe certain regulations ana
make certain affecting the conduct OF the business OF railroad
corporations question: and Judge rosscup IN carefully con-
opinion decided against this power and enoned IT'S
the opinion upon which his Judgment was peaicaea ne
stated that power conceded to the interstate commerce
] the railroads all power controlling them In the face Of
this very of its effect the supreme court OF the
and held that the commission did have exactly
which ndgs found dd to to be OF such
The of judicial sentiment has recently appeared III
ce@g Eo'T nfed States Judge Of California refused order
restraining the placing in effect OF rate tor erce rendered N
Which rate the corporation alleged conhscatory its effect IN
enforced would prevent the corporation earning rcy o
upon its investment The Judge before whom the application Tor the
aon Of the municipal regulation complained OF until full show
ing had been made before him his rev year? ago
have been an en i nooeI experience ''' P''N
The under the new sentiment growing up in the
country regarding regulation of public service nave
come to the various agencies OF the
belong to them and have passed we pubic
service corporation court and by submitting complaint
containing certain allegations by law or rule intend
ing to regulate order from the court the en-
cen1 OF that law or rule development of judicial sentl-
en which will be welcomed every interested in necessary
LEGISLATION and the proper enforcement thereof.
the indication OF translation INTO ludicla oeCso'9 IL
judicial sentiment which will grow rather than decrease ana WnGR
THE PEOPLE WILL WELCOME n IHklK JGDTE9 ~ y
Will INSIST THAT THEIR JUDGES SHALL EN- LEX Al y
with reference legislation which the peo ind necessary %
rerton and this sentiment will go long toward setting
c and for all the contest supremacy that being Waged III
his country between the oyerown power OF private interests ana
the people