their invested capital, the company is de prived of the equal protection of the laws." Mr. Cary's connection with the celebrated granger cases, so called, was also conspicu ous. They arose on statutes passed in Illi nois in 1873, and in Wisconsin, Iowa and Minnesota in 1874. The Wisconsin and Iowa statutes fixed a maximum tariff. The Illinois and Minnesota statutes provided that commissioners should make schedules which should be primafacie reasonable rates. They are reported in the 94 U. S. 155 to 187. Mr. Cary contended before the State Su preme Court in the Wisconsin case instituted under the granger statute (35 Wis. 426) that because the Court below held that the find ings of the commission were conclusive and so far as it attempted to fix the rates of com not open to review by judicial investigation; pensation to be charged by the company for that the act was in conflict with the Consti the transportation of freight and passengers, tution of the United States, in depriving the it is void, because it interferes with the rights company of its property without due process of property, in contravention of the consti of law, and depriving it, also, of the equal tution of the State and of article 5 of the protection of the laws. amendments to the federal constitution. The The language of Mr. Justice Blatchford in right to control one's property and fix the part, in giving the opinion for the majority price for its use is an attribute of ownership, of the Court, is significant and worthy to be and the right to determine the compensation quoted : for which one will render his personal ser "The question of the reasonableness of a vices and incur risks in transacting the busi rate of charge for transportation by a railroad ness of another is a personal right necessary company, involving as it does the element of to freedom. A pretended law which ignores reasonableness both as regards the company these rights is unconstitutional and void. and as regards the public, is eminently a The shareholders are the absolute owners of question for judicial investigation, requiring the railroad and of all of the property of the due process of law for its determination. If company. This act takes the property by the company is deprived of the power of depriving the owners of the beneficial use charging reasonable rates for the use of its and enjoyment of it. The only value of a property, and such deprivation takes place in railroad to its owners is the right to operate the absence of an investigation by judicial it so as to make what is commonly known as machinery, it is deprived of the lawful use of net earnings. By operating this road in ac its property, and thus, in substance and cordance with the scale of prices fixed by the effect, of the property itself, without due company itself in 1873, the total net revenue process of law and in violation of the Consti applicable to interest and dividends is less tution of the United States; and in so far as . than thirty per cent, of the gross earnings. it is thus deprived, while other persons are J This act fixes the rates nearly thirty percent. permitted to receive reasonable profits upon below those rates, so that, if it is complied
termination of a body, at most but quasijudicial, and the creature of the legislature, is final and conclusive, is a new doctrine which will hardly find general acceptance; is not a safe policy; is neither good reason or good law; and courts and lawyers do not generally believe that the right of review by the courts can be constitutionally so abroga ted. Mr. Cary's brief before the Supreme Court of the United States is a masterly presenta tion of his side of the case, and an illuminating disquisition on the legal propositions involved. The case was decided for Mr.rCary's client
