Note 20 — Chapter III · THE REVOLUTION IN POLITICS AND LAW

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.