Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-06-21
ROSEVILLE COMMUTERS
PROTEST AGAINST INCREASE.

RoSeVille commuters, 600 or them
at a mass-meeting held at the
home of the Roseville Ath-
letic Association. Seventh street and
Seventh avenue last night, protested
against the proposed increase of rail-
road rates of the Lackawanna Railroad,
and adopted resolutions calling upon
the Governor to use all the power and
influence at his command to prevent
the proposed increases.
They will also request the Inter
state Commerce Commission to make
use of the new power vested In 1t Ia
stop new rates from going into effect
until an investigation about the fair
ness of the proposed rates has been
made.
Copies of the resolutions were sent
to the Interstate Commerce Commits
sion, the State Railroad Commission.
Governor Fort and to the Attorney
General of the United States.
Besides that fifty-word kilograms were
sent to the Governor. the Interstate
Commerce Commission and the attor-
n~ey-general of the United States, ex-
planning the stand the residents of the
Roseville section take.
Addresses were made by Frank III.
OOIIilfltT, pfeSlutlt VI tnC oldtC Ihdii
road Commissions: William p. Martin
and Lathrop Anderson. and many
others had suggestions to make as TO
the best means of a successful protest.
1t was the general belief that imms-
diate action was necessary. and that II
the raise once went into effect no
remedy could be found to establish the
old rates again.
Although fhara uyara NOT mAnV of
the belief that relief could be gotten at
a special session of the Legislature. the
Governor will be requested to call a
special session of the Legislature, The
majority was of h opinion that the
relief would have to come from the
Interstate Commerce Commission,
which can stop the proposed rates
from going into effect on July 1.
Mr.. Sommer spoke on the provisions
of the present law. He tried to make
clear the situation that confronts the
people and the powers of the State and
the Federal government in the matter.
'Tt would be highly improper for me-"
Mr.. Sommer said. ITO give you an opin-
ion whether your complaint is war
ranted or unwarranted, and therefore
! will confine myself to the law as far
as 1t governs the present situation.
1.-The regulation of commerce be-
tween the States Is vested in Congress
by the provisions of the Federal Con-
etitution. Commerce between the
States includes the transportation of
passengers from one State into an
other. In the exercise of the power Sc
vested In it Congress Is supreme. its
power is exclusive, the State cannot
interfere. Congress has exercised the
power so vested in 1t through h en-
actment of the legislation creating the
Interstate Commerce Commission and
the Commerce Court.
"Over local commerce, or transpor-
tation wholly within a State, as dis
tinguished from Interstate commerce,
Congress has no. power of regulation.
The power to regulate such commerce
Is vested in the State and in the State
alone. Federal regulation Is. there
fore. not a substitute for State regu-
lation. For protection against abuses
In transportation confined within the
boundaries of the State the people
must look to the State and to the State
alone.
Exercising such power this State has
embodied In the charter of the several
companies organized under its laws
and in the general railroad act provi-
sfons fixing maximum rates of fare
1t has further in h exercise of such
power created the Board of Railroad
Commissioners. While 1t had conferred
upon that board power to hear and
examine complaints touching rates II
has not conferred upon 1t power to
issue any order as the result of such
hearing and examination" The pow
ers of the board. therefore. are con-
fined to investigation and regulation.
Such power as the board has 1t has
proceeded to exercise. The inquiry
which 1t has initiated will be carried
to a conclusion, and 1t will be search
ing. Such an inquiry would be neces-
sary even though the board had the
power to issue orders touching rates.
for such orders could not be arbitrary
and must be based upon findings OF
fact. An investigation touching rates
must Of necessity include an ascertain