The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-06-18

! growing out of the Dorr rebellion. l
| recalled the bitterness OF half a century
| ago between Iowa and Missouri over the
| State line ! recalled the recent lives OF
| Thomas Benton and Governor Morris By
! a distinguished author, who states that
| at one time or another every one OF the
form or other 10 destroy the government.
| And ] recalled that in every instance,
save the troubles Of lS6l-5, that the
United States courts have. In dlgnihed
way, settled the disputes and law-abid-
ing people acQuesced and the lawless ele-
ment was compelled 10 submit.
THAT the states have the right 10
manage their own local affairs will ever
he maintained But II Is too late 10
talk about states debating 10 the gov
ernment, OF TO riding down its courts.
This is a nation. Its commerce will not
be nterfered with by any state. because
for that almost alone we adopted our
always be upheld and the rights OF the
citizen. including corporations. VIII ever
he protected in their Just rights under
the fourteenth amendment Those are
national questions, and the Supreme
court will hold the scales OF Justice with
the evidence before them. ] do rot
the State Legislature has wronged these
railroads. That is the case on its merits
But the railways say they are being
wrOnged. and they must have hearing
and a hearing on the evidence, and that
evidence carried with the record 10 the
Supreme court. And II upon the evidence
business at a loss no one need doubt hut
that the Supreme court will nullify the
statute. If the rates fixed are remuner-
ative, the statutes Will be upheld. II is
TOO late 10 talk about the alleged wrongs
of tho Supreme court declaring the stat
utes void That was fought out one hun
dred years ago. Down 10 1883. the period
covering the first period Of the Supreme
court. that court held twenty United
States statutes void. During the same
period that court declared as void 181
State statutes Of which fourteen were
Missouri statutes. (See appendix TO vol
l3l. L, 5. rep.)
Rate Statutes Declared Void.
How many have since heen declared
void ] have not taken time TO ascertain
And some of the statutes thus declared
void were railroad rate statutes, enacted
10y the states. II must be remembered
that in passenger and freight carrying
there Is much 10 be considered besides
rates or fares.
"lmportan, as any II not the most inn
pnrIant. Is the equality of rates the
treatment and charging of all alike No
rebates. no discrimination must be al
lowed. Safety Of traffic and public, In
cluding passengers and employees, must
be considered. And of as much lmpor-
tance as any other question Is efficient
service Rapid and prompt delivery OF
trains with bui few stops for passen-
gers going a considerable distance, is de
manded. Local trains for local business
Us required To have these. reasonable
compensation must be paid. So that
these questions are all involved And in
consequence, such business q Is between
st. Louis and st. Joseph. Kansas CITY
and ST. Joseph. Kansas City and Joplin
and perhaps other points. where parts
OF the routes of some lines are out of
the State. grave question is presented
and no small question is covered, wheth-
81 parts of these statutes are void that
the matter can be separated and the bal
ance OF the statute remain i'm force, be-
cause Congress. even 10 these lines
wholly within the State. may or may not
have control OF such commerce when ii
directly interferes with commerce pass
ing out Of and back Into the State. |
neither pass upon this question nor eX~
press an opinion thereon, because while
such questions have frequently been dis
cUssed by the aheSt OF men. such ques-
,ions have. not yet been decided. / SIM
ply mention II as a great national ques-
ton.
The attorney general and railroad COM
| missoners still have much 10 do with the
enforcement Of these statutes which the
the original cases the question Is wheth-
er all the earnings In the aggregate We're
ent under the statutes OF 1907 Whether
those laws hy raising The freight rates
and lowering the passenger fares are re-
munerative In the aggregate must be CON
! IN effect party. because the charge is
! that these officers are seeking to en-
! force void statutes. In more ways than
| by lnniciins penalties.
Orders Made Will Stand
The orders heretofore made will stand
/ until vacated or modified The cases Will
| be set down for hearing as to whether
| temporary injunction shall issue and IL
! issued wha; shall he the scope2 Shall
! they restrain the enforcement OF the
| freight rate statute? Tentatively. subject
! 70 argument and subject TO change OF
| opinion IL ] should hear the cases. my
! present view is that the 2-cent passen-
! ger fare statute should he put In force
! and kept in force for some months at
! least with the right OF the railways later
! on 10 renew their motions 10 enion the
| enforcement of the statute. One class OF
| people claim that with 2-cent fare
! travel will so increase as 20 make il re-
! muneratiye. Others deny this. The Wis
! consin commission hut lately declared
; after months of Investigation, that In that
J State a 2-cent fare would be conhscstory
! and Governor Hughes by q recent veto
! message so declared in the populous State
! Of New York. How is this question To he
! determined? is IL not all speculation and
| euesswoTk? OF what value VIII be the
! testimony Of an ordinary business man?
! And ~ what value will be the testimony
| OF railway experts?
Such are my present views hurriedly
! stated and without time TO place them I'm
! the shape Of formal opinion. Nor would
{, he OF substantial benefit 10 anyone Ia
COFFEE