Mahlon Pitney

“ This court does not sit to pass upon moot questions; and, as has been often pointed out, it is incumbent upon one who seeks an adjudication that a state statute is repugnant to the Federal Constitution to show that he is within the class with respect to whom it is unconstitutional, and that the alleged unconstitutional feature injures him, and so operates as to deprive him of rights protected by the Constitution. ”

“ Goodwyn was produced by the company, and made a statement of the facts in its behalf-not under oath, but it was received as evidence in behalf of the company-in substance that the special rates maintained prior to March 25, 1910, had been introduced more than thirty years before, in order to encourage the distillery business along the line of the railroad; that the rates were not raised when the business of the distilleries became prosperous, but were continued as long as the railroad company could continue them with justice to itself ”

“ And this leaves no basis, as we think, for appellant's present attack upon § 829 as repugnant to the due process provision of the 14th Amendment. In the proceeding before the Commission there were pleadings sufficiently formal, and appellant was permitted to raise such issues and introduce such evidence as it desired. There is nothing to show that it suffered for lack of compulsory process against witnesses. As to its right to adduce evidence before the court in the action to enforce payment of the award, its complaint in this regard seems to us at least premature. ”