The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1914-07-21


The authority Of a State to pre-
scribe reasonable maximum rates for
tntraState transportation is well rec
Ognized. Chief Justice Marshal in the
ruling case of Gibbons VS.. Ogburn,
speaking to the reserved power of a
State. declared that there is an i'm
mense mass Of legislation. which en-
braces everything within the territory
Of a State and which has not been
surrendered to the general govern
ment. For example the State has
authority to exercise it's police power
which embraces inspection laws, quar-
antine laws, health laws Of every de-
scription, as we'll as laws for regulat-
ing the internal commerce of a State
and those which respect turnpike
roads, ferries, etc. The Minnesota
rate case reviews the authority Of the
State to limit by legislation the
charges of common carriers within its
borders and says that in view Of the
nature of their business, common car
riers nav always been held subject
to legislative control as to the amount
OF their charges, unless they were pro-
tected by their contract with the
State. The case Of MINI. VS.. Illinois,
Is pioneer authority for legislation of
this kind. Here the Supreme Cour
held that the State Of Illinois had the
right to regulate the charges of grain
v'tt boSo ~ N1iS
grain elevators must Of necessity be
use for the products Of seven or
eighht States Of the West to pass on
Ats way to the Atlantic Seaboard.
History of the Justice Bill.
Acting upon this u~ndoubted power,
the State Of North Carolina at the
special session of 1913, enacted a
statute which fixes the rates to be
charged by the railroads for trans
porting freight within the State Of
North Carolina. The classes pre-
scribed in the said statute conform to
the classification existing in this
State before the act was passed. That
is to say, the act provides that there
shall be six numbered classes and
thirteen lettered classes, the num-
bered classes being one, two, three,
four, five, six and the lettered being
A, Il, c, d, f, r, H.. K, l., M, N. o
and +. There are certain commodities
placed in classes by themselves. These
are molaSses in barrels, rough logs of
40 900 pounds per car; cotton in bales
per hundred pounds and fertilizers
per ton. The act then prescribes the
maximum charge for the first num-
bered class and the orderly ratio
which the other numbered and let
tered classes shall bear to the first
numbered class. 1t then prescribes
the rate On molasses in barrels, on
rough logs Of 40, 600 pounds per car,
on cotton per hundred pounds and
on fertilizers per ton. The history of
this Legislation is well known.
The act was passed by one branch
OF the Legislature and had passed
two readings in the other branch
when certain sub-sections were added
to section A thereof. Subsection A
n subsection Alb brought this COM
mission into existence. But for these
sub-sections this act in it's integrity
would be the law of our land today
These sections provide in substance
that II any one or more of the COM
mon carriers affected by the rates
prescribed in the act make represen-
tatiOn to the Governor that the rates
provided would be confiscatory or un-
reasonable, the Governor is empow-
cred to appoint a special commission
to Immediately investigate the facts
and make report of their findings to
him.
Subsection Alb provides that if the
special commission find the rates pre-
scribed would be confiscatOry or un.
reasonable, then the said commission
. 80 appointed is authorized and EN-
powered to raise or lower and fix the
rates so as to max them just an(
reasonable, and if the said commits
sion is of opinion that it is wise to dc
SO, to change the classification anl
the relationship Of the several classe'
AS established herein. The rates 81
fixed by this commission shall b,
promulgated by the Governor film:
the same with the Corporation Com
mission and shall become effectiv,
within sixty days from their promul
cation.
Burden Of Proof on the Railroads.
We therefore, see that the burden
Is upon the common carrier to shoy
that the rates prescribed would b
C~Onfiscatory or unreasonable and j
they have failed so to do, then tn
sovereign will of the people as ex
pressed by it's Legislature throug
said act shall stand. In this con
nection The declaration Of the Su
preme Court of the United State
should not be overlooked; that it
fundamental that the judicial powe
to declare legislative action invali
upon constitutional grounds, is to /