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 opinion of the Court, written by Justice Brewer, who, as Federal
circuit judge, had already taken advanced ground in favor of judicial
review, went the whole length in upholding the right of the judiciary to
review the reasonableness, not only of a rate fixed by a commission, as
in the case in hand, but even of one fixed by the legislature. The case
differed in no essential way, declared the justice, from those cases in
which it had been the age-long practice of the judiciary to act as final
arbiters of reasonableness--cases in which a charge exacted by a common
carrier was attacked by a shipper or passenger as unreasonable. The
difference between the two cases was merely that in the one the rate
alleged to be unreasonable was fixed by the carrier; in the other it was
fixed by the commission or by the legislature. In support of this
remarkable bit of legal reasoning, the opinion adduced as precedents
merely a few brief excerpts, from previous decisions of the Court,
nearly all of which were pure _dicta_.
The absence of any dissent from this opinion, in spite of the fact that
Judge Gray, who had concurred in Justice Bradley's vigorous dissenting
opinion in the Chicago-Minnesota case four years before, was still on
the bench, indicates that the last lingering opposition to the doctrine
of judicial review in the minds of any of the Court had been dissolved.
Henceforth it was but the emphatic affirmation and consistent
development of that doctrine that was to be expected.
If we leave out of account Mr. Justice Brewer's _dicta_ and consider the
Court to have decided merely the issues squarely presented, the Reagan
case left much to be done before the doctrine of judicial review could
be regarded as established beyond all possibility of limitation and
serious qualification. Other cases on the point followed quickly, but it
was not until the celebrated case of Smyth _v._ Ames, decided in 1898,
that the two leading issues were fairly presented and settled. In this
case the rate attacked was not fixed by a commission, but by a state
legislature itself; and the rate was not admitted by the counsel for the
state to be unreasonable, but was strongly defended as wholly reasonable
and just. The Court had to meet the issues.
Public-domain text, read in full here on John Shaqi.
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