[15] Ibid., p. 671.
[16] Ibid., pp. 679 ff.
[17] See below, p. 57.
[18] Ibid., p. 540.
[19] Taylor, Origin and Growth of the American Constitution, p. 355. As a matter of fact, Conkling, who was a member of the committee that drafted the Fourteenth Amendment, voted against these provisions in Committee.
[20] It is to be noted that the demand of the warehousemen on the second point was not for a judicial review of the reasonableness of a rate fixed by the legislature, but a total denial of the power of a legislature to act in the matter. The question of the propriety of a judicial review of the reasonableness of the rates in question was not raised in the pleadings. It was not difficult, therefore, for judges in subsequent cases in which the question of judicial review was squarely raised to explain away as mere dictum this solemn statement by Chief Justice Waite to the effect that the power of the legislature to regulate being conceded, the determination of the legislature was binding on the courts and not subject to review.
[21] Except for two unimportant cases decided in the lower courts.
[22] It should be noted that the Supreme Court not only undertook to pass upon the reasonableness of such rates as the states were permitted to make, but also added in 1886 that no state could regulate the rates on goods transported within its borders, when such goods were in transit to or from a point in another state. Such regulation was held in the Wabash, etc., Railway Company v. Illinois (118 U. S. 557) to be an interference with interstate commerce which was subject to control by Congress only.
[23] Below, p. 287.