Los Angeles herald., 1907-06-09
Federal or State Regulation Of Railroads
written for The Herald.


TIME new railroad question that
| President Roosevelt has recently
raised and is said to have under
consideration relating to regulation of
internal transportation by the railroads
reopens the old and perpetual question
of the boundary line of authority be-
tween the nation and the states.
The constitution clearly and compre-
hensively confers on congress the power
to regulate commerce among the sew
eral states which is a denial of like
power to the states, a proposition that
! has become stare decisis through a
long course of legislation and reported
decisions of the highest judicial tri-
bunal of the nation.
1t will hardly be contested that
transportation is incident to, an essen
tial part of commerce. In the exercise
! of it's powers congress has lately taken
advanced steps in regulating the car
rying of passengers and freights from
one state into and through another;
has gone so far as to confer authority
| on federal officials to disturb rates
made by the railroads, but has not yet
attempted to interfere with the action
of the states concerning railroad trans
portation within their respective limits.
| The question now raised Is whether
| the general government can constitu-
tionally interpose and supplant the
states in respect to that species of
Transportation or regulate it within a
state.
So far as the states have taken ac-
tion there has not been uniformity, ex-
cept in some cases the same rate per
mile for carrying passengers has been
prescribed. Some of the states have
created commissions to deal with the
subject, but in no two have the same
or substantially the same powers been
conferred. In a few states no action
has been taken. In the matter of pas
senger fares there are variances. and in
none of the states have attempts been
made to prescribe freight charges by
Legislative act or to generally regulate
railroad transportation. 1t is readily
seen, therefore, that regulation by the
states of local transportation will not
likely be uniform, and certainly that
the exercise of dual authority will re-
suit in connplexity. inconveniences and
the absence of uniformity. The states
cannot deny nor compel through trans
portation.
If under federal law rates are pre-
scribed on interstate ira nsportation,
they may be unlike those fixed on that
which is local or within the state,
which would lead to inequality. con-
fusion and perplexity. unless the gen.
eral government can and should inter-
pose to secure harmony and simplicity.
Conflicts have already arisen from
the regulation of passenger rates by
the states. In an economical aspect
federal control, or general control
through agreement among the states,
would be far better in cheapness dis
patch and safety. There has been no
attempted interference with state ac-
ton by congress and no precedents in
judicial decisions in case growing out
of such interference.
The United States is a nation, and
in matters affecting the whole people
it is essential that there should not be
mixed or divided sovereignty Inter
state transportation constitutes three
fourths of railroad business in volume
length of haul and earnings, and that
which has been held to be under the
exclusive jurisdiction of the states is
largely adjunctive to that which is
interstate. AS an economic question
there is no reason of weight why the
present distinction should have been
made or should be continued in the
existing stage of commercial develop
ment
Unity and harmony were SO inpor-
tant as to override every other con-
sideration from the standpoint of con-
venience and the general welfare. The
question is would the adoption of
measures advantageous to all sections
alike be in conflict with the powers re-
served to the states and the people
respectively? Any legislation by con-
gress could hardly be otherwise than
impartial, for laws of the character
under consideration must be equal and
uniform, placing the whole people on
level. Any other law would be clearly
unconstitutional 1t is not more sem
sibe to have railroad transportation
under dual control than it would be to
apply the same principle to coastwise
and river transportation by ships and
steamboats,, some of which is performed
wholly within state limits.
1t is true that the great mass of rail-
road companies now chartered by the
states are operated under state fran
chises but there are some that were
brought into existence by legislation OF