The Birmingham age-herald., 1907-03-17
STATE LAWS CLASH WITH TIE NATIONAL ReCiprocicaI Demurrage May
 Yet Cause Trouble HARLAN GIVES INTERVIEW Thinks Interstate Commission Cannot Sit Idly By and See Determinations
 Made Against Inter-
 state Traffic.
HARLAN GIVES INTERVIEW

It seems to be more than probable that | the reciprocal demurrage and other laws passed by the recent legislature, seeking | to regulate railroads will be in conflict with the interstate commerce commission, and It's regulation of railroads.
 The statement several days ago by C. II. Ackert, vice president and general manager of the Southern railway, that if the reciprocal demurrage law was en- forced the railroads would build a wall figurately speaking, around Alabama and not load any cars for interstate move-
 ment has caused a great deal of talk.
 The shippers who have interstate move
 ments in this state claim that if the railroads give intra state movements the
 preference and will not furnish cars for
 interstate movements, it will cripple them seriously and possibly fatally, and will
 also tend to discrimination.
 Give State Shipments Preference.
 There is a state law which penalizes
 the railroads for not furnishing cars on
 demand, and there is no such national
 law therefore the railroads would fur
 nsh cars for state shipments h prefer
 ence to interstate movements and avoid
 the necessity of paying the per diem for
 failure to supply the cars.
 It is stated on good authority that
 other railroads will refuse to allow any
 cars outside of the state line when the
 reciprocal demurrage law goes into effect,
 and it is claimed by shippers that this
 would hamper the Birmingham district
 in particular and Ala9ama in general. When the enforcement of the reciprocal demurrage law interferes with interstate
 traffic it is said that the interstate com
 merce commission will step in and take a hand in the matter, setting at naught
 the state laws if necessary.
 Commissioner Haran's Views.
 James, S. Harlan, interstate commerce
 commissioner, in a recently interview,
 made the following statement in regard
 to this matter and railroad men and ship
 pers, state that Alabama was one of
 the states to which he refers:
 "Is there any remedy" Commissioner l Harlan was asked. that the commission
 can afford interstate shippers or any step l that it can take to prevent diserlmiha- l ton against interstate commerce? The matter has not come before us l formally as yet. and 1 have therefore had
 neither the time nor the opportunity to 1 consider the question fully said the | commissioner of course you know that 1 the interstate commerce act forbds un- 1 just determinations, and charges this
 commission with the duty of enforcing that provision as well as all other pro- visions There have been many cases be- fore Us where railroads have been charged with discrimination in the distrlDuton or their available cars in favor of one snip per and against another. The commission has enforced the law in number Of such cases where no question or state | legislation was involved.
 "It may be said with some force that the case would be different where rail- road does this under the compuislon or
 state law. But would it be different In principle? I doubt 1t very much The fed eral law is of course. paramount. It per
 mits unjust determinations on no grounds whatever. Will it then permit state law to interfere with interstate traffic? Cannot Suffer Interference.
 Ut seems to me. however, that this
 commission. charged by the law to guard and protect the right of interstate ship pers and carriers as well, cannot sit idle while interstate traffic is interfered with and in some cases interrupted by the | operation of such state enactments.' But ! it seems to me that, reluctant as this
 
 | the opera tions of any state laws, we | cannot escape some conflict or friction | with state laws which in their operation result in Interference with interstate traffic
 If interstate carriers are forced by the operation of such laws to sidetraek I interstate commerce. it is question in my mind how long such result can f be permitted. If such laws result in | putting all the available cars at the dis | position of state shippers, to the preJu- | dice of interstate shippers, it is clear ] interference with interstate traffic. | Already the question has been raised | as to how the commission might act to | stop the enforcement of state law. | It might not be able, it is stated. to en- | join the state but it could. it is believed. | order the railroad not to obey the state l statute when it was shown that by so | doing interstate shippers suffered loss | or inconvenience.
 l As to the rights of interstate shippers | as affected by state legislation. commis- sioner Harlan said. In my Judgment something ought to be said at this time