Weekly Arizona journal-miner., 1908-02-19

Acad"my az MD-i,, tonight. unabl" 90
gain admission Co tb- annual banquet
.of the Ktamatu, Lincoln club, at
which senator Knox and Congressman
iiondc wotc guests Of honor Senator
Burrow. nI.p spoke.
Senator Knox. who spoke On "In
Snr.tatc Railroads. said.
Speech Of Senator Knox.
W. Toa-'ml-trr ,nl Gentlemen.
what 90, great Iu''r-t1fe railroad
Gave demanded ~ tho p'ppl" through
shc national authority boz the pa-t, and
wha' The people through fho same au
fhoritv arc now demanding nf them.
s.ou,titu'o two distinct pius'. Of
American economic aud legal policy
(which 70 a interesting ~ This time q"
cont. mlll'r, aud from ths ruut"W
platiuu 49, mas get our hearing upon
some situations not dinruf 90 under
stand, bui which hay" been much mis-
ihdrr-tDvi.
with tno imagination of the Amer
s-An pcDpl, ,autivntsd rs the mar
vslpus utility and Potentially of the
railroad o.. % ucans ~ inter cpmmuui
cation and factor 10 development, the
Dirt MY years - railroad history con
ssiiiuie q period ~ generous and pro
to-ting governmental care.
Created hy the state and originally
designed and operated almost wholly
as local highway. 1t was long after the
American railways were well cstab
tishod IN the eastern states before the
s,onnict between the national and state
authorities incident 10 the expansion
~ the railroads into Interstate sys
TENS.
In the meanwhile local govern
mental policies In respect 20 rail
road properties aud operations had
been adopted aud embodied Ia state
constitutions. laws and Judicial d"ei.
sions. The adjustment 81 these 10 the
paramount federal authority as b. be-
gan 90 Dee invoked 20 protect lie inter
state commerce ~ the country from
the exercise of conflicting local laws
and regulations constitutes the first
epoch ~ our national policy. and ~
was marked los progressive liberality
and even zeal IN extending fed raj pro.
tection and encouragement
The state. claimed and insisted upon
a control over business of railroad.
affected by the fact that such business
may have originated in or been
.iesn med for points IN other states
In the earlier days the hignes'
t,ourts ~ the states sustained monopo
pios granted by the states 10 engage Ia
transportation between the states and
there was general acguiescence In the
belief that the commercial power OF
a t.1 O..
little as limitation upon state author
ity. ~ dominant and sacred was Tn,
idea 81 the rights 81 the states that the
second Congress even disclaimed 10
authority % authorize stage cOacnes &
carry mails between the states upoi
the ground Of it, being an unau
thorzed Interference with the func
lions 81 the state.
THESE local claims went for Ions
time unchallonged aud all sorts oi
tfsmmels aud burdens were imposes
upon Interstate business. n was regu
lated. taxed and even prohibited h
some eases.
Fhe rule Of law which governed the
sitmnion for many years, as pre-
scfibed by the supreme court Of tbs
United states, was that 80 long as Con
grers remained silent and did not I'M
dcrtake the regulation Of commerce un
der its constitutional authority tn'
states were free 10 impose regulations
That was the theory ~ concurrent au
tthority
Tn. extent ~ the confusion growing
out ~ this condition ~ affairs eat
scarcely be realized in this age Of con
tinuous aud unbrokcn routes Of trave
and transportation. Passengers had I,
schmgo ears ~ state lines and good
had 10 be roshippod The privilege OF
goit z into, out Of. or through stnte'
V,H taxed snd the right 10 do so wa
held not 20 conflict with toe power OF
Eongrrss over interstate commerce.
Fbn railroads struggled for tint
agaiHN these conditions IN the court
without avail and finally. backed by
che peoples insistcnt demand for con
rinuous anl expeditions transporta
'tion and taking advantage ~ mos
i7ixtrhoriiunry aud unpopular assertion
elf local authority, move was mHd
nipon Congress 10 assert its consti,u
ttioud power and assure tu every rail
ruad ip the United states the uuhamr
sirrd right 90 carry persons and proI
srrty from one state Ia another aud :
connect win fuhdr OF owner HlA'NH
as 10 form continuous lines ~ tram
p0rtation.
Al the present time the cirruu
stances out VI which this appeal
sungrcss was successfully made seel
almost incredible New Jersey ha
utanted charter 10 the Camden An
Amhoy railroad providing that duriu
thg life of the charter no other raj
rnnd should Ice constructed In "
state 10 be- used for the transportatio
of passengers and freight bctwe'
phiiadrlphia aud New York witho'
the consent ~ the Camden aud Amhi
company, aud taxing every pa,seng
passing THROUGH the state hctwe'
those cities During the civil war, q
government being under the neccssi
of moving troops from Philadelphia
New York and the Camden aud Al