Contemporary American History, 1877-1913Beard, Charles A. (Charles Austin)
History
Contemporary American History, 1877-1913
Beard, Charles A. (Charles Austin)
United States -- History -- 1865-1921
The dissenting members of the Court in this case certainly saw in
Justice Blatchford's opinion an assertion of the doctrine that whatever
the nature of the commission established by law or the form of procedure
adopted, the determination of rates was subject to review by a strictly
judicial tribunal. In his dissent, Mr. Justice Bradley declared that the
decision had practically overruled Munn _v._ Illinois and the other
Granger cases. "The governing principle of those cases," he said, "was
that the regulation and settlement of the affairs of railways and other
public accommodations is a legislative prerogative and not a judicial
one.... The legislature has the right, and it is its prerogative, if it
chooses to exercise it, to declare what is reasonable. This is just
where I differ from the majority of the Court. They say in effect, if
not in terms, that the final tribunal of arbitrament is the judiciary; I
say it is the legislature. I hold that it is a legislative question, not
a judicial one, unless the legislature or the law (which is the same
thing) has made it judicial by prescribing the rule that the charges
shall be reasonable and leaving it there. It is always a delicate thing
for the courts to make an issue with the legislative department of the
government, and they should never do it, if it is possible to avoid it.
By the decision now made we declare, in effect, that the judiciary, and
not the legislature, is the final arbiter in the regulation of fares and
freights of railroads and the charges of other public accommodations. It
is an assumption of authority on the part of the judiciary which, it
seems to me, with a due reverence to the judgment of my brethren, it has
no right to make.... Deprivation of property by mere arbitrary power on
the part of the legislature or fraud on the part of the commission are
the only grounds on which judicial relief may be sought against their
action. There was in truth no deprivation of property in these cases at
all.... It may be that our legislatures are invested with too much
power, open as they are to influences so dangerous to the interests of
individuals, corporations, and societies. But such is the Constitution
of our republican form of government, and we are bound to abide by it
until it can be corrected in a legitimate way."
_The Development of Judicial Review_
A further step toward judicial review even still more significant was
taken, in the case of Reagan _v._ Farmers' Loan and Trust Company,
decided by the Supreme Court in 1894. This case came up from the Federal
circuit court of Texas which had enjoined the state railway
commissioners from fixing and putting into effect railway rates which
the Trust Company, as a bondholder and interested party, contended were
too low, although not confiscatory.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account