Morrison Waite

“ Whenever a company comes into any class, it has all the 'privileges and immunities' that have been granted by the statute to any other company in that class.
It is very clear that a uniform rate of charges for all railroad companies in the State might operate unjustly upon some. ”

“ Our province is only to determine whether it could be done at all, and under any circumstances. If it could, the legislature must decide for itself, subject to no control from us, whether the common good requires that it should be done. ”

“ A power of government which actually exists is not lost by non-user. A good government never puts forth its extraordinary powers, except under circumstances which require it. That government is the best which, while performing all its duties, interferes the least with the lawful pursuits of its people.
In 1691, during the third year of the reign of William and Mary, Parliament provided for the regulation of the rates of charges by common carriers. This statute remained in force, with some amendment, until 1827, when it was repealed, and it has never been re-enacted. ”