The Railroad Question: A historical and practical treatise on railroads, and remedies for their abusesLarrabee, William
History
The Railroad Question: A historical and practical treatise on railroads, and remedies for their abuses
Larrabee, William
Railroads; Railroads -- United States; Railroads and state -- United States
The decision which the Supreme Court of the United States rendered in
the Granger cases in 1876, affirming the right of a State to control
railroad charges for the transportation of passengers and freight wholly
within the State, was a serious disappointment to railroad men, for it
was the first step toward wresting from them the power to arbitrarily
control the commerce of the country. Ever since that time it has been
their determined purpose to bring about, if possible, a reconstruction
of the Federal Supreme Court, in order to secure a reversal or
modification of the Granger decision. In the case of Peik vs. Chicago,
94th U. S., 176, the Supreme Court laid down the following broad
principle of law: "Where property has been clothed with the public
interest, the legislature may fix a limit to that which shall in law be
reasonable for its use. This limit binds the courts as well as the
people. If it has been improperly fixed, the legislature, not the
courts, must be appealed to for a change." In one of the Granger cases
the same court used the following language: "We know that this is a
power which may be abused, but that is no argument against its
existence. For protection against abuses by legislatures, the people
must resort to the polls."
Fourteen years later, in the case of C. M. & St. P. R. Co. vs. Minn.,
decided in October, 1890, the same court rendered a decision so
indefinite that the lawyers differed much in their opinions as to its
meaning, and it appears that the members of the court who made the
decision also differed in their opinions as to the meaning of the
decision; for Justice Bradley said in his dissenting opinion, in which
Justice Gray and Justice Lamar concurred, that the decision practically
overruled Munn vs. Illinois; but the same court, in a case entitled Budd
vs. New York, submitted in October, 1891, and decision rendered February
29, 1892, and opinion delivered by Justice Blatchford, in referring to
the Minnesota case, after quoting the above statement from Justice
Bradley, said: "But the opinion of the court did not say so, nor did it
refer to Munn vs. Illinois, and we are of opinion that the decision in
that case is, as will be hereafter shown, quite distinguishable from the
present case."
It is thus apparent that this court has adhered to the decision in Munn
vs. Illinois, and to the doctrines announced in the opinion of the court
in that case, and those doctrines have since been repeatedly enforced in
the decisions of the courts of the States.
Judge Brewer, whose zeal for the defense of corporate interests seems to
amount almost to a craze, dissented. He said: "I dissent from the
opinion and judgment in these cases. The main proposition upon which
they rest is, in my judgment, radically unsound. It is the doctrine of
Munn vs. Illinois reaffirmed. The paternal theory of government is to me
odious. Justice Field and Justice Brown concur with me in this dissent."
Public-domain text, read in full here on John Shaqi.
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