The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-27
BY One or More Commissions.

none oil Sald DOdleS nave INTENDED 10
do so.
BY One or More Commissions.
but the effect of the different kinds
of legislation is necessarily to give prom
inence to the issue that looms before us,
and that Is. shall the regulation OF, and
rates to be charged by, roads engaged
In interstate commerce be fixed by one
or by u number of commissions. In other
words, shall the interstate commerce COM
mission regulate and prescribe the rates
to be charged by common carriers en-
gagged In interstate commerce, whether
the commerce be Inter or intra-state,
or shall there be found room for opera
ton ii both federal and state commits
Sims? Certain facts are before us and
experience Is to ! consulted.
when 1t was written into the federal
constitution that Congress should have
the right to regulate commerce among
the states the means of transportation
were limited. Railroads were then un-
known. The federal government prompt
ly took charge of navigation and the
case of Ogden against Gibbons decided
by Chief Justice Marshall, nuts at rest
any question as to the governments right
to regulate navigation. One after an
other, occasi ons have arisen where the
general government has done things
which were supposed to eneroach ON
SthtS . llBHLS anu one dlltT d4lDllleT lltSt
supposed encroachmcnts have been up
he'd by the supreme court. Indeed, it
may almost be said that the federal con-
stitution, as we know it. Is what IL has
been construed to be by the supreme
court. And this is not to be wondered
at, X that instrument is to be consid-
cred as one applicable to conditions and
circumstances in our national life as they
arise and differ from conditions and cir
cumstences obtaining when the consti-
tuition was framed It's life and Virlity
must consist In its applicability to real
though changing, conditions. 1t seems to
me that the tendency of judicial con-
struction and congressional legislation
alike has been towards federal control
of railroads. There has been an evolu-
ton of the idea going on that is illus
trated In the legislation. with reference
to the car couplers. for instance. The
first act passed about 1892 required coup
lers on cars enga"ed in interstate com
merce. Ten years. after. the act was
applet to railroads engaged in interstate
commerce. In 1906 Congress passed an
act called the Employers Liability Act
which applies to all persons in the en-
p-oy of railroads engaged in interstate
commerce without reference to whether
the emrloye Is engaged upon a train car
rying interstate commerce or not. This
act has been declared unconstitutional by
wv 'obi -, anu TIC cases llHNe been HD-
pealed to the supreme court but it has
lately, by n federal circuit court in
Arkansas and by court in Georgia been
declared constitutional. The legislation
shows, however. that gradually, but def
nftely, the idea mas been growing that
the federal government in matters per-
tanning to railroads engaged in inter-
state &C mmerce Is not hampered by state
lines.
Recognized Rights of States.
up to the present time Congress has
not taken entire control of Interstate
railroads. 1t has, on the contrary, rec
ognized the rights of the state to regu-
late them where the regulation does not
directly affect interstate commerce. But
suppose that the federal government, act
ing either upon positive enactment of
Congress or under judicial construction
tnat 1t may do SO, or by the interstate
commerce commission, should declare
that the states could not fix rates or pre-
scribe regulations for railroads engaged
IN interstate commerce; what then? 1t
Will, of course, be argued that the fed
eral government hasn't any such right.
But 1t argued that it hadn't the
right to Interfere with the states con-
troll of navigation within the state, and
the supreme court held it had. 1t was
argued by democrats for many years that
gage in works of internal Improvement,
but we now hear very little objection to
appropriations for rivers and harbors.
The Birmingham district of Alabama
would not be up in arms IL the federal
government were to build a canal from
the Tennessee river through Jones VAL
ley to the Warrior.
On Practical Lines.
The question of railroad regulation is.
therefore, apt to be determined upon
practical and business lines. The rail-
roads may prefer that the states shall
continue to have powers and rights with
reference to them. because they derive
their existence from the charters granted
by some one or more states and because
their further development may be retard-
ed within the state, IL the latter cannot
exert any influence or control over them.
The one thing that will compel them to
go to the federal government for protec-
ton is legislation by the states 50 hurt
full that they will feel bound, in order
to escape 1t. to choose an alternative
which otherwise they would not choose.
And | do not mean to say there has been
any such legislation in Alabama. / do
not know what the effect of the Alabama
laws will be.
'"fhere can be no doubt that the pres
ent executive of Alabama honestly and
sincerely thinks the laws are good and
ne has the courage of his convictions. If.
however, they have gone too far, they
are but accelerating the movement to-
wards federal control. And there are
great many people who prefer federal
control to government ownership. Some
think the real question is. Which shall it
be?
Trend of Sentiment.
"By the way" said Mr.. Campbell in
conclusion. "here is a clipping from an
editorial in the Nashville Christian Adj