The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19??, 1907-03-22
SAYS STATES EXCEEp RIGHTS

SAYS STATES EXCEED RIGHTS.
On trip from Norfolk to Bonesteel
today, passenger may pay three
cent per mile or two cents per mile
BY purchasing a through ticket he
will pay three cents per mile. BY pur-
chasing ticket to Anoka and then,
after that, paying cash fare to the
conductor into Bonesteel, he may get
a ride from Norfolk to Anoka at the
rate of two cents per mile. 1t is said
over the tangle. But report from
Washington indicates that the tangle
will be unravelled before long by no
less parsonage than President Rocse-
welt. He holds to the opinion that
Nebraska has violated the national
rate law, passed last winter, by legis-
lating in such way as to create dis
elimination. He believes that Ne.
braska legislators have created a con
dition unfair to South Dakota people
when they passed a law allowing a
passenger in Nebraska to ride for less
money than he can ride in South Da-
kota.
AS a result of this law passed in
Nebraska, and others like it in other
states, the president will, it is said,
start suit against railroads for dis
eliminating by allowing people and
freight to ride in one state cheaper
than in another. The railroads will
answer that they are obeying state
laws. Then the clash will come be-
tween state and federal power, and
President Roosevelt believes that the
national government will win.
President Roosevelt, it is said, be
lieves that the state legislatures, in
their onslaught against railway cor
porations, have demonstrated their in.
ability to deal with the question. He
believes they have exceeded their
constitutional authority. He believes
he will win his point and that as a
result commerce.. interstate and intra
state, will be regulated by the federal
government. State lines, he thinks
will be wiped out so far as commerce
is concerned.
Mr.. Stickney already has a case il
the supreme court, which will prob
ably be reached next fall, touchine
this question of power as between
state and federal government. But
the president, it is said, plans tc
hasten a decision.
Mr. Roosevelt is reported to fee
certain that the courts will sustain
his contention that the federal govern
ment has exclusive control over al
traffic matters, whether interstate OF
intrastate, because of a decision by
Chief Justice Marshall early in the last
century in the case of Ogden VS.
Gibbons. In that case the supreme
tween New York city and Albany was
engaged in interstate business, not
withstanding it did not go outside the
waters of New York state.
President Roosevelt is said to agree
absolutely with Mr.. Stickney of the
Chicago Great Western, and other rail
way presidents, that various states
have no right to legslate regarding
traffic affairs.
The president believes, it is re.
ported, that such laws as have been
passed in Nebraska and other states
regulating traffic are null and void
and will be held unconstitutional by
the courts.
1t is also reported that the presi
dent, with Mr.. Hartman, believes
that the portion of the Sherman anti
trust act relating to railroads must
be repealed so as to allow roads to
pool in order that there may not be
determinations.
A Washington report says that this
action of the president, toward testing
the federal power, has come from the
fact that legislatures in Illinois, Ne.
braska and other states have run wild
on the railway problem during the
past winter.
1t is announced that a message an.
nouncing these views of the presi-
dent may be expected soon. 1t is also
said that the railway presidents may
decide, afetr all, not to confer with
the president because the country has,
in a general way, looked upon their
outline visit as an appeal on their
knees when they intended it merely
as conference at which they could
discuss the situation now so para
mount.
THE SCHOOL BONDS.