Excerpt from Railroad Rate Control in Its Legal Aspects: A Study of the Effect of Judicial Decisions Upon Public Regulation of Railroad Rates
But the doctrine of judicial review is of even wider importance, in that it applies not only to the regulation of railroad rates, but to public control Of charges in other lines of business as well. Whether the doctrine elabo rated in railroad cases is to govern the courts in passing upon charges prescribed by the legislatures for private industries which have become so far affected with a pub lic interest as to be subject to government control of their rates - such as warehouses and stock yard companies is not clear, especially in view of such cases as Budd vs New York, Brass vs. Stoeser, and Cotting vs. Kansas City Stock Yard Company. Mr. Justice Brewer's re marks in the last named case, though uttered obzter, are interesting because of their suggestion of a different form of review in cases involving industries of this kind. How ever that may be, there is no doubt that the doctrine of judicial review worked out for railroads applies also to the regulation of other forms of public business. And so the same restraints placed upon government control of railroads exist in the case of all public service or quasi public corporations, limiting, for example, the public regulation of street railway fares, and of gas and water rates. These facts lend additional interest to the follow ing inquiry as to the limits which the courts may set, under our Constitution, to public control Of railroad rates, and as to the justice and expediency of such limitation.
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