Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1908-03-27
DESTRUCTION OF STATES
RIGHTS.

The impending storm which we have
been looking for to break upon The Ma
ton by reason of decisions of the So
preme Court of the United States in
matters affecting railroad rates, swept
over the country this week when that
court practically held that the States
through which railroads pass have no
power TO prescribe rates unless those
rates he satisfactory 10 The roads. This,
is not in terms their decision, but il
amounts TO this. One case went up to
that court from Minnesota. That ease
was much more hllmiliating 10 the
State than the North Carolina case de
cided nj the same time. In the Mime
sofa case lis .Attorney-General was in
volved lie was proceeding under the
laws of Minnesota against Il railroad
and was enjoined by Federal court.
He did not stop at this, but went on
performing his duties as he saw them
under the State laws, and was arrested
and fined 500 for contempt Of court.
He then appealed to the Supreme Court
of the United States for writ of habeas
corpus. In the decision OH Monday,
the Supreme Court decided that he was
in contempt of the lower court, and re-
fused the writ, thus deciding in effect
that the laws under which he was act
ing were unconstitutional.
In the North Carolina case, an agent
of the railroad had been fined and i'm
prisoned for selling Il railroad ticket at
a sum greater than that prescribed by
the State law. The Supreme Court set
him free on the ground that the law
prescribing the rate was CoNFIsCAToRY
and hence unconstitutional.
There are several absurd features
about these decisions, one of which is,
that p cent rate is held TO be confis-
catory, when the roads themselves had
agreed to compromise at a 2! cent rate
But the absurdities, others of which
might be pointed out, are of slight sig
nificance beside the great question of
States-which granted the charters of
the railroads within their borders-n0w
being deprived of control of the crea-
lures they have made. All that power
has suddenly passed to the Federal gov
eminent. No statute can be passed i'm
posing fine or penalty upon rail-
road by State Legislature without
the certainty under these decisions of
having the laws dragged through the
Federal courts and, most likely, their
effect nullified. These decisions are
but the beginning of what we may eX-
expect in little while to break down
all State barriers, sweep away all sup
posed State rights, and concentrate all
power in the Federal judiciary, and
consequently in the Federal govern
ment. 1t may seem strange that JUS
tice Peckham who prepared the Opin-
| ions in these cases is Democrat, and
that the two other Democrats, Chief
Justice Fuller and Justice White, con-
cured But under the new order of
things there is certain element i'll the
Democratic party, who are falling over
themselves in their efforts to beat the
Republicans to the Capitalization goal.
Justice Harlan, Republican member,
filed dissenting opinion. In all other
respects the court was unanimous.
Those who think that the power of the
combined roads of the United States
can be crippled or retarded in any effort
the roads may make toward destroying
State power, count without their host,
especially since this new power has
come out in the open rs the champion
of their rights.