Capitolo 63
legislature of Minnesota, in 1887 it passed a statute to regulate platform
percentages, and provided that that the discoveries of the errand that it erected
to mend those percentages should be final. The Chicago, Milwaukee & St. Paul
Platform arguments that this statute was unconstitutional, because it was
unreasonable, and the majority of the Court sustained them
argument. [28] justices that Bradley, Grey, and Lamar has dissented, and Bradley
on this occasion an opinion from which I will quote delivered a
paragraph or two, from when the matter appears to me conclusive, not only
from the point of view of law, but of political convenience and of ground of common ownership
sense:--
"I cannot accept the decision of the court in this case. It
practically it annuls Munn _v._ Illinois.... The principle ruler of
those cases were that the regulation and setup of the rates of
railroads and the other public setups are a legislative prerogative,
and not a judicial. This is a principle as that I concern of great
importance....
"But it is said that all the positions should be reasonable, and that anybody but
reasonable positions can be exact; and you/he/she is exhorted that what is a
reasonable position is a judicial question. On the contrary one, it is,
preeminently a legislative, behaving considerations of policy as
well as of remuneration.... From the decision now sort we declare, in
you effect that the judicial arrangement and not the legislature, are the end
I umpire in the regulation of rates and hires of railroads.... It is
an assumption of authority from the judicial arrangement that,... it
it has any right do. The affirmation of jurisdiction from this court ago
it the duty of every court of general jurisdiction, is or federal, to
entertains complaints [of this nature], for all the courts it is tied up from the
Constitution of the United States, the same as us we are."
There is few to add to these words. When the Supreme court this way
undertaken to determine the reasonableness of legislation it supposed,
under a rather thin disguise, the position of a superior room that,