The Washington herald., 1907-03-15
FRIDAY. MARCH Is, 1907.
Railway Federalism.

hdnNul tNAGiH Hi4oins
In the remarkable Capitalization speech
which so aroused and startled the coun-
try last December. Secretary Root de-
declared that the relations of the busi-
ness over which the Federal government
is assuming control, of interstate trans
po-tation with State transportation, Of
interstate commerce with State COM
nerce, are so intimate. and the seDara-
ton OF the two is so impracticable that
the tendency is plainly toward the prac-
teal control Of the national government
over both. To this doctrine Mr.. Root
has within the past few weeks gained
many eminent converts in the persons Of
our railway statesmen, who are hasten
ing 10 enroll themselves under the cen
tralization banner. we are all Centrali-
zationist FederalisIs now confesses /
Chairman Yoakum, OF the Rock Island
directorate So are all railroad managers
all FederaHsts of the most pronounced
description. The practical control by the
national government of all rail-borne
traffic is the goal Of railway statesman
ship, and to that control railroad officers
now unanimously appear willing 10 sub
nit
The tendency toward the extension Of
Federal power over all commerce, noted
by Secretary Root. and clearly manifest
in recent legislation. viii undoubtedly be
greatly accelerated by the movement Of
railway men in behalf Of such extension
a movement. by the way. as contagious
as the legislative mania for reducing
fares For there Is substantial ground
for the contention of such men as Mr..
Yoakum that State legislation affecting
railroads amounts in some instances, to
interference with interstate commerce,
and that the Federal government cannot
fully exercise its power over commerce
between the States without regulating
also commerce within the States. The
regulation Of commerce among the States
implies power not only TO prescribe the
conditions under which commerce shall
be carried on, but also power TO preserve
freedom Of interstate traffic. It is 70 this
latter power that the railroads ap-
peal for protection from the restrictions
now being imposed upon their operation
by various State legislatures. The deci-
sious Of the Supreme Court have, as
rule favored the principle that interstate
commerce cannot be Obstructed or en-
numbered by State legislation Judge
Cooley thus summarizes these decisions:
IL each one Of the States could regulate the
charges OF railroads engaged interstate commerce
and coming within their limits the manifest result
would be confusion and disorder and To restore IN
large measure the conditions that existed before the
Constitution adopted providing for general power
in Congress D. legislate on such subjects This
species OF regulation Is which must be. #
established at all. Of general and national char
sctsr and cannot be safely and wisely remitted
10 local legislation. Any general regulation Of
the means and methods Of interstate transporta-
ton. under circumstances where uniformity shoui1
peEail, where the subject is a matter Of national
concern. is manifestly beyond the power Of the
state"
Judge Cooley remarks that it is often
a matter of considerable difficulty 20 de-
termine whether a State statute is local
in its nature or an actual regulation Of
interstate commerce as such. anR with
the consolidation of railway systems and
the obliteraton of State lines, so far as
commerce and travel are concerned, this
difficulty will not become less. Mr.. Yoa-
kun, in the very suggestive statement
which he has given to the press, points
out that every important order made by
state commissions in respect TO intrastate
commerce affects, more or less, commerce
between the States; that State laws re-
ducing railway rates may have the effect
Of reducing the interstate rate, and that
State laws requiring that cars be prompt
~ furnished shippers may Tetard and re-
strict the movement Of interstate traffic
Conversely, Federal legislation relating
TO railroads indirectly affects the rail
roads wholly within State boundaries. as
in the case Of the recently enacted hours
of-labor law, which in all probability viii
supeTsede all State legislation covering
the same ground. The Federal safety ap-
pliance law goes still further in control OF
all transportation instrumentalities, il
having been made applicable. as Mr.
HoakIm says. 10 equipment, whether
engaged in handling interstate traffic OF
State trafic, the argument being that the
engines and cars being used in interstate
trafflc to permit engines and cars used in
State trafic to go without such ap-
pliances would have the effect of destroy
ing the act, even as applied to interstate
commerce.
Out of this conflict of legislation order
and uniformity must be evolved by some
method or other Whether we enjoy the
prospect or not, il is obvious that central
iZation OF railway regulation in the Fed
eral government is what we are coming
TO. Our railway statesmen have caught
up with the drift Of the times, and they
are travelling in the direction 70 which our
national destiny points And so we doubt
not that their plea for railway federal
ism, when it shall be presented at the
White House, win fall upon sympathetic
ears.
The esteemed Birmingham News feIici-
tates itself upon the happy fact that
.-.a.-Lr.l- LLLrol Ill.,.