The Railroad Builders: A Chronicle of the Welding of the StatesMoody, John
History
The Railroad Builders: A Chronicle of the Welding of the States
Moody, John
Railroads -- United States -- History
disappeared from the books, and even Iowa and Wisconsin substituted
for these measures supervisory and advisory commissions after the
Massachusetts model.
While the Granger movement thus failed effectively to curb the
railroads, it succeeded in arousing great popular interest in the
railroad problem and in placing before the public several of the most
important details of that problem. Not the least of its achievements
were the decisions which it obtained from the Supreme Court of the
United States. The Granger cases are among the most epoch-making in
American history, and they fixed for all time the principles of American
policy in dealing with the railroad question. They are particularly
worthy of study by those who have regarded the Supreme Court as the
bulwark of social injustice and as a body which can always be relied
upon to protect the rights of property against the interests of the
masses. In its railroad decisions this charge hardly holds; for these
Granger cases sustain practically all the legal contentions made by the
Granger legislatures. * The cases fixed for all time the point that
a State, acting under the police power, may regulate the charges of a
railroad even to the extent of fixing maximum rates. They even went
so far as to hold that the right to fix rates is not subject to any
restraint by the court on the ground of unreasonableness, a principle
which the Supreme Court has reversed in more recent times. The courts
also held that a State, at least until Congress acted, could regulate
interstate commerce, but this decision also has since then been
reversed. These subsequent reversals of decisions which were exceedingly
popular at the time, however, not only constituted sound law but
promoted the public interest, for they established that body of law
which has made possible the present more comprehensive system of Federal
regulation of railroads.
* The cases of particular interest were: Munn vs. Illinois, 94
U.S. 114; Peik vs. Chicago and Northwestern Railway Company, 94 U.S.
164; and Chicago, Burlington and Quincy Railway Company vs. Cutts, 94
U.S. 155.
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