Page:Federal Reporter, 1st Series, Volume 5.djvu/665

 TILLEY V. SAVANNAH, FLOEIDA & WESTEEK B. 00. 653 �islative contiol. Ho-w, then, can an attempt on the part of the legislature to regulate the charges of the defendant Com- pany be considered as an attempt to revoke the special priv- ileges and immunities of the company ? But this clause in the bill of rights must be read in connection with paragraph 1, of § 2, of art. 4, of the constitution, which confers upon the legislature the power and authority of regulating railroad freights and tariffs, and makes it the duty of the legislature to prohibit railroads from charging other than just and rea- sonable rates. �The legislature, in the act of October 14, 1879, supra, has merely forbidden the railroad companies from exacting more than fair and reasonable rates for the transportation of freights and passengers, and has attempted, through a com- mission, to prescribe what are just and reasonable rates. Upon its face there can be no constitutional objection to this legislation, excepting on the assumption that it is one of the special privileges and immunities of the railroad companies to charge unjust and unreasonable freight rates and fare. �But it is urged by complainant that the rates prescribed by the commissioners under authority of the legislature are not just and reasonable, but are oppressive, and destructive of the value of the prOperty of the railroad companies. Assuming for the present that the legislature had the constitutional right to delegate the power of prescribing irates to a commis- sion, and that the schedule established by it is the sohedule of the legislature, the question is then presented: Whereîdoes the power reside to declare what are just and reasonable rates ? Is it a judicial or legislative question? It seems to me that section 2 of article 4 of the constitution, by its very terme, con- fers that power on the legislature. It declares — First, "the power and authority of regulating railroad freights and pas- senger tariffs, preventing unjust discriminations, and requir- ing reasonable and just rates of freight and passenger tar- iffs, are hereby conferred on the general assembly, whOse duty it shall be to pass laws to regulate freight and passenger tar- iffs, to prohibit unjust discrimination, and to prohibit said roads from charging other than just and reasonable rates." ����