The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-04-27
Still STRETCHING THE BLANKET

The supreme Court continues to
stretch the loose blanket of interstate
commerce control, with the aid OF lib
eral Congressman. BY the same broad
mowers of construction that have char
acterfzed many OF its Constitution de-
cisions in recent years, and with the
same ruthless disregard for the rights
OF the state, n majority of the court
on Monday handed down a decision
which materially modi1es previous
orinions on the subject and seriously
affects tho rights of the states in their
control OF interstate business
The case in question came from
court in kansas. that happy land
where freak laws make freak litigation
Inevitable The complainant was So
licitor for an extra-state correspond
ence school, and he sought to sue In
Kansas court for a debt due by stu
dent who took one of the courses. The
kansas lower and appellate courts
found for the defendant student on the
grounds that the correspondence school
In question had not filed with the Sec
rotary of state the legal statement OF
its business required by the Kansas
laws and had not received therefor the
necessary certificate. As an out-of-
state corporation, the correspondence
school appealed to the Supreme Court
md claimed that 1t could not be de-
MED Judgment on the grounds alleged
BY the state courts OF Kansas.
The supreme Court decided for the
school, and Mfr. Justice Harlan, in CIV
ing the opinion took most positive
grounds. The limitation placed upon in
terstate corporations by the Kansas
law requiring their registration was,
he declared. a burden on interstate bus
lness. and as such could not be imposed
by the state. The court also denied
that Kansas could refuse legal hear
ing to the correspondence school, or
any similar corporation doing an in
.erstate business, for failure to get the
necessary certificate from the Secre-
.ary of State. The corporation insisted
Judge Harlan, had a right to be heard
in court. regardless of its failure to
comply with the State law.
This decision is important, not only
as adding correspondence courses to
the articles of interstate commerce.
but 1t is important in Its restrictions
upon the States in their power to deny
hearing to corporations which refuse
u comply with state registration laws
If the correspondence school loses no
rights as a litigant by refusing or
failing to comply with the state law
requiring it TO register, and cannot be
pompelled 10 register where 1t, as an
Interstate corporation. may be bur
dened by 50 dol9g,. how .tan the State
enforce its law on this subject against
Interstate corporations? If it be a bur
dcn to register for an interstate bus
mess in correspondence, why should It
not be burden to register for an II
terstate business in transportation II
the one cannot be made TO register,
how ran the other? The court did not
answer this question, but 1t opened
adjudication. Judging from the pre-
yious decision of the court, II Is SAFE
Ia predict that the majority of the
court win use the classification OF COY
respondence courses as%in interstate
commerce TO declare other mail bust
ness Interstate commerce, and vii
grant other exemptions from State con
troll 10 interstate corporations on IN
same ground that 1t declared tho Kan
xas registration burden in restraint o
trade.
a halt must be called on this con
struction of the interstate powers 0
the Federal government, II the State
are TO be left any control over extra
state corporations. The powers OF IN
government in this matter have stead
,ly been increased ever since Chief jus
iice Marshall, in the case OF Gibbons v
ogden, qnashed the claims Of FuIto
ard Livingston to the exclusive nayi So
ton Of the waters OF New York, o
the ground that the power OF Congress
10 regulate interstate commerce gay
II power, not only 10 regulate the e.
change of commodities but the meal
by which they were exchanged. At
LATER time, in the memorable cases
Mobile vs.. kimhal and Western rnic
vs.. Alabama, the court declared tel
graph messages TO DC subject 70 q
regulation of Congress as intersta
commerce. and, a little later lotte
tickets came into the same elastic
ZION AS the extent Of the busine
subject to tins regulation has increase
the powers OF the regulation have be
proportionately augmented, until I
fundamental distinction between t
transportation Of interstate CONNER
snd tfe commerce after i has be
transported has almost been foreott'
Min every increase in the powers
the Federal government in this resp
The powers Of The States have {