Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1898-06-16

Mr.. La Toilette tells in pompous Ian
guage how ''our fathers, when they
builded the base Of our governmental
superstructure, regarded the instru-
mepts of m and transportation
as the property of the people" with
this appeal to the constitution as a
| starting point, he proceeds 10 make an
argGment-much confused by irrele-
want quotation-against the position
taken in the recent decision or the
United States supreme our 10 the
| effect that n state commission has no
power to regulate or control interstate
traffic, but has only power 10 estab-
lish reasonable rates upon local or do
nestle traffic" | am quoting Mr.. La
Follette's words.
We all know that a text can be found
in the Bible to justify almost any sin.
All that is necessary is to wrench he
text from its context and then interpret
ii to suit yourself. But the railroad
commissioner presumes sadly on the
ignorance of the people of South Da-
kota if he imagines that they will
swallow his attempt TO quote the
United States Constitution in support
L OIL tIlc DOWGT VI IL fSldlC CpiubllSNlOh w
regulate or central" interstate rates.
Has Commissioner La Toilette ever
read the history Of the constitutions
Has he any idea why the colonies fed
Grated themselves into the United
States? If there is one thing which
''our fathers, when they builded the
base of our governmental superstruc-
ture." understood that is q great
phrase-you can see the railroad com
missioner putting out his chest as he
wrote tiff there is one thing, ] saw.
which our fathers hen understood,
clearly and unequivocally, il was that
all matters of transportation and COM
mefce between the several states were,
and must eternally be, utterly free
from the regulation or control of
every individual state. and must rest
entirely with the federal authority.
The complete reservation of interstate
relations TO the federal jurisdiction was
practically the most essential and vital
izing feature of the federation.
Read the constitution TO which Mr..
La Toilette appeals. The very first
powers voted in congress are:
First-The congress shall have power
TO lay and collect taxes, duties, inn
| posts, and excuses, to pay the debts
and provide for the common defense
and general welfare of the United
States; but all duties, imposts and ex-
cises shall be uniform throughout the
| United States.
Second-To borrow money on the
| credit of the United States.
Third to regulate m = .
among the several states.
Mr.. La Toilette quotes largely from
the book of Mr.. A. b. Stickney Mr..
| Stickney is said 10 be a most worthy
gentleman, but he is not generally re-
garded as an authority on logical rea-
soning. He has recently been called a
"most a~ble-bodied developer of imprac-
ticable theories But why does Mr..
| La Toilette say that the main tenor and
purpose Of Mr.. Stickney's book is to
show that railway rates are. in fact, a
tax? Mr.. La Toilette carefully omits
from his quoted passages any refer
ence TO this. Ii he had not done so, it
would have exposed at once the alb
| surdity of his whole article.
Ii does not seriously matter, for the
| present purpose. whether interstate
railway rates are in fact a tax or not.
If they are. then the right of any state
to regulate or control them Is explic-
lily forbidden by the first clause (of
Sec. Wild which l have quoted above.
If they are not o tax. then ii is express
ly forbidden by the third clause.
However they are regarded in theory,
and whatever they may be in fact, the
thing that our fathers, when they
builded," saw clearly, was that all
charges on and transporta-
ton between states must be controlled
solely by the federal power. Mr.. La
Toilette positively shrieks because the
supreme court say now that no state
commission can control these charges.
/ say now, that every man in South Da-
kota who knows anything of our his
tory will say with me, that if what
Mr.. La Toilette now demands had been
| permitted in our constitution, the fed
| GRAFTON of the United States would not
have endured for one year.
1t would have crumbled again into
its several independent colonies. "Our
fathers" knew IT. They took care that
1t should not crumble. II is this labor
Of our fathers thas Mr.. . Toilette now
attacks and would subvert.
| Il dln no Dolillclan-l nave no votes
to win by attacking corporations. III l
was seeking votes. however, l should
trust the manhood Of South Dakota TO
follow me In proclaiming the eternal
fxity of the principles of the constitu-
ton which reserved interstate relations
TO the federal Jurisdiction rather than
be led by Mr.. La Toilette who, for the
sake Of making a partisan argument
against a railway company, is willing
10 deny these principles and to uphold
the most dangerous form in which the
doctrine OF states rights has as yet
shown itself.
II South Dakota could control inter-
state rates, so could North Dakota and
Iowa and Missouri and Nebraska and
Minnesota. What would be worse, so
could New York, Pennsylvania and III
inois. There would be a pretty scram-
BILE, Win every state controlling rates
across state borders to suit itself.
While the scramble lasted. the weaker
aud Western states would suffer. Ii
1t continued, they would be depopulat-
ed. But il would not continue; be-
cause. for the mere preservation Of the
country and themselves, all states
would be compelled to refer the re-
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