t it is not possible the
conclusions of administrative boards should be final. This
is an endeavor, by the mere use of words, to confer
jurisdiction upon the courts where the substance is
altogether wanting. Property or contract rights are involved
in these cases precisely as they are in numerous other cases
of the exercise of power under the police authority of the
State, either by the State itself or by its municipalities."

These views cannot fail to commend themselves to any unprejudiced mind.
It is a well-established fact that all officials will, if permitted,
extend their jurisdiction, and judges are no exception to the rule. It
was therefore but natural that the courts should attempt to solve the
problem of railroad rates.

The attempt so far has been fruitless, nor will it be otherwise as long
as the courts persist in approaching with abstract legal maxims a
question which, above all things, requires the light of experience and
the exercise of sound discretion. The question of railroad rates will
never be satisfactorily settled until it is definitely referred to
expert administrative State and National boards empowered and prepared
to meet the many contingencies that will always arise in the
transportation business.

It is not difficult to account for the inability of the courts to
properly adjudicate the question of reasonable rates. The legislature,
or a board to which it has delegated its power, prescribes for a
railroad company a classification and tariff. The company claims that
the rates so fixed are unreasonably low and applies to the courts for
redress.

Now, if the rates were based upon the cost of service only, it might,
perhaps, be possible for a court to determine whether the prescribed
rates are adequate or not. But even in such a case the question would
arise whether the capitalization and the operating expenses of the road
are not excessive, and its determination would require expert knowledge
and sound discretion rather than legal lore. However, since the cost of
service is not the only, and with railroad men not even an essential,
factor in rate-making, it is evident that the rates upon single
commodities can not be reviewed upon their individual merits, but the
tariff must, in the judicial determination of the question whether it is
reasonable or not, be viewed as a whole. But as it is impossible to
foretell what effect a readjusted tariff would ha