Page:Federal Reporter, 1st Series, Volume 7.djvu/668

 656 FEDRBAIj BEFOitTEB. �tinder its proyisions. It seems to me that this statement of the distinction is incomplete. It is essential to judioial action that there be parties and a oontroversy. Judgment is only pro- nounced after a hearing. That would not be judicial action which should determine the existing law in relation to some existing thing, already done or happened, without the inter- vention of parties and the existence oi a controversy ; and when there are parties and a controversy it is not less a judioial act beoause the determination regulates rights and obligations in the future, and the manner in which they shall be observed. The act of congress in effect provides that all the companies using the bridge shall have equal privileges iii its use, and for a reasonable compensation, to bo ascertained by the court if the parties cannot agree, The phraseology employed is unfortunate, and fairly suggests the objections which have been ui^ed ; but when the act refers the question of the conditions upon which an easement shall be enjoyed to a judicial tribunal for decision, after hearing the proofs and allegations of the parties the implication is cogent that this decision shall proceed upon settled principles of law and equity, and not upon arbitrary discretion. �An act of congress will not be dedared unoonstitutional unless every reasonable doubt to the contrary is resolved against itsvalidity; and itis the dutyof courts so to construe the act as to uphold it, if possibly consistent with the language used. �Had it been the intent of the act to confer jurisdietion upon the court simply to enforce equality, and prevent unfair discrimination for or against any of the several corporation» in the use of the bridge, it would have been unnecessary ta authorize the court to prescribe the "terms and conditions" upon which the various companies might use the bridge. It would have sufficed to confer jurisdietion in general terms over any controversy that might arise, and it would then have been competent for the court to enforce equality upon any of the principles and by any of the remedies known to the court, Effect must be given to the language used. The con- clusion reached is also in harmony with considerations of a ��� �