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
[20] It is to be noted that the demand of the warehousemen on
the second point was not for a judicial _review_ of the
reasonableness of a rate fixed by the legislature, but a
total _denial_ of the _power_ of a _legislature_ to act in
the matter. The question of the propriety of a judicial
review of the reasonableness of the rates in question was not
raised in the pleadings. It was not difficult, therefore, for
judges in subsequent cases in which the question of judicial
review was squarely raised to explain away as mere _dictum_
this solemn statement by Chief Justice Waite to the effect
that the power of the legislature to regulate being conceded,
the determination of the legislature was binding on the
courts and not subject to review.
[21] Except for two unimportant cases decided in the lower
courts.
[22] It should be noted that the Supreme Court not only
undertook to pass upon the reasonableness of such rates as
the states were permitted to make, but also added in 1886
that no state could regulate the rates on goods transported
within its borders, when such goods were in transit to or
from a point in another state. Such regulation was held in
the Wabash, etc., Railway Company _v._ Illinois (118 U. S.
557) to be an interference with interstate commerce which was
subject to control by Congress only.
[23] Below, p. 287.
CHAPTER IV
PARTIES AND PARTY ISSUES, 1877-1896
It was a long time before the conditions created by the great economic
revolution were squarely reflected in political literature and party
programs. Indeed, they were but vaguely comprehended by the generation
of statesmen who had been brought up in the days of the stagecoach and
the water mill. It is true that the inevitable drift of capitalism in
the United States might have been foreseen by turning to Europe,
particularly to England, where a similar economic revolution had
produced clearly ascertainable results; but American politicians
believed, or at least contended, that the United States lived under a
special economic dispensation and that the grave social problems which
had menaced Europe for more than a generation when the Civil War broke
out could never arise on American soil.
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