The
legislature of Minnesota, in 1887, passed a statute to regulate railway
rates, and provided that the findings of the commission which it erected
to fix those rates should be final. The Chicago, Milwaukee & St. Paul
Railway contended that this statute was unconstitutional, because it was
unreasonable, and the majority of the Court sustained their
contention.[28] Justices Bradley, Gray, and Lamar dissented, and Bradley
on this occasion delivered an opinion, from which I shall quote a
paragraph or two, since the argument appears to me conclusive, not only
from the point of view of law, but of political expediency and of common
sense:--
"I cannot agree to the decision of the court in this case. It
practically overrules Munn _v._ Illinois.... The governing principle of
those cases was that the regulation and settlement of the fares of
railroads and other public accommodations is a legislative prerogative,
and not a judicial one. This is a principle which I regard as of great
importance....
"But it is said that all charges should be reasonable, and that none but
reasonable charges can be exacted; and it is urged that what is a
reasonable charge is a judicial question.
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