Bisbee daily review., 1910-09-29
ssseE ARIZONA MORNING. sEMeER 2 lslo

i. uOns of Judge Otis must yet receive ,e endorsement of the court: but tLe are based so palpably on com
 mon sense. which is the real founda- ton of common law. and Judge Otis is a iurist of such high distinction. that it is much more than random
 guess to predict that tke court will recognize the sound wisdom of the ruling. The far-reaching effect of a
 Federal Court nIing on these lines
 can hardly be appreciated at first
 glance Our railroads have during the last few years borne the brunt : or active antaSonism by national and State governments not to mention municipal and even smaller subdivis- State legislatures have in many in | stances decided they had the right
 to fix the rate ot remuneration that
 railroads should receive for trans porting passengers and merchandise
 in and through the States. This
 ruling by Judge Otis. if confined. will
 remove at one swoop the State legis- l, ltion and interference that has so
 gradually grown into a severe handi- cap against railroad prosperity. An
 other point that should not be over looked is Judge Ctis' contention that
 railroads are entitled to earn z per cen; on the valuation of such DOT tiors of their property as are actually employed in connection with the or erations of such roads in their finc- lions as common carriers. This ex- cludes all outside land holdings or other investments as a basis of val
 nation. which the railroads may have l The point IS perfectly clear that the return permitted shall be per cent on the total valuation of railroad property used ir the business O transport ation.
 This railroad ruling suggests that a turning point has been reached in the unnecessary attacks upon rail- road property There IS no question that abuses had arisen that required drastic corrective measures: and the railroad arrangements by their higf- handed methods were themselves largely ito blame for the fact that these corrective agencies took the form of unnecessarily burdensome provisions. But the railroads have now a national law that vii; protect them in their constitutional rights quite as effectively as it will curb their abuse of power. The railroad problem of the future is to be set ted by the simple rule of Right and Justice. IT State legislation as b. the St Paul decision now seems the promise, is 70 be settled on the same lines then the railroad situation must be considered highly improved. The Minnesota Commissioners are reported to have determined to carry the question of their jurisdiction to the Supreme Court. No fauls can be found with such a determination for our Supreme Court is not bugbear. It is court of final resort, whose power exceeds that even of the Pres ident, whose members are appointed for life and whose action has but one restraint that of exact justice to rich and poor: and to corporation TO less than to individual President Taft's appointments to fill vacancies have been admirable. and we neeo not fear any action the Supreme Court of our country will take. What ever the decisions in the Standard Oil and American Tobacco cases. we can rest assured that nothing will be ordered that will spell confiscation; our Supreme Court is in no sense a bogey.
 Henry Clews.