The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-08-14
RAILROAD NEWS.
Danger of Government Control
Is Less Than Few Years Ago.
Oppressiveness of States Not as
Pronounced as Before.
FOR CENTRAL POWER
Bureau Of Economics Analyses a
Big Improvement.
Other Items of General Interest
in Traffic World.
FOR CENTRAL POWEE

Washington, Aug 1.-THE bureau
OF railway economies maintained here
by the railroads of the country as
serts that the conflict between federal
ana state regulation of railways is by
no means so pronounced as it was a
few years ago.
The bureau reaches the conclusion
that on the whole the danger of con-
troll by the states becoming so oppres-
s1Ve that it will be difficult for the
country to avoid BEING forced into
government ownership in the approx
mate future is. undoubtedly much less
than 1t seemed to be a few years ago
when the wave of drastic regulation
was sweeping over the state legislatures
and commissions and their acts and
orders had not yet been passed on by
the courts"
The bureau discusses the subject in
a report prepared for Edwin A. Pratt,
the English writer on railways.
Report Prepared for BritOn.
Mr. Pratt wrote to the bureau ex-
planning that the English people SEEM
ed unable to understand the system In
the United States under which both
the federal government and the states
exercise control over railways. Evil
IDENTIFY this report prepared for the
Britisher reflects the view generally
held by the railway managers of the
United States,
Reference is made by the bureau Of
railway economies to the fact that
questions as to the extent of the regu-
latiye powers. both of the federal gov
eminent and of the states. are con-
stantly being presented 10 tho United
States supreme court. The decisions
Of this court, the bureau says, are
gradually defining more sharply the
extent Of the federal and state pow
ers, respectively, and drawing the di-
viding line between them more clearly.
1.-THE tendency of the decisions Of this
court" says the report seems to be
strongly IN the direction Of the propo-
sition that interstate railways must, in
all substantial respects, be subject to
one power, and the court now mani
tests a more decided tendency than in
former years to hold that regulation
of intrastate commerce which have the
effect of regulating or burdening in
terstate commerce, and void as trench
ing upon the power delegated TO con-
gress to regulate commerce among the
states.
Position Taken by States.
Discussing the positions states have
taken on this question, the report says:
Some of the states have used only
small fraction Of their power to
regulate intrastate commerce; other
ers have endeavored to go far beyond
it and have been kept within bounds
only by the courts.
State regulative power has been eX-
ercised in a variety of ways In some
cases specific regulations have been en-
acted by state laws, and in other cases
they have been prescribed covering
passenger and freight charges, train
operation. car supply, character of
equipment and station buildings, hours
Of labor of employees and conditions of
employment, safety appliances and al
most every conceivable phase of rail-
way operation.
state acts and regulations prescrib-
ing maximum charges for transporta-
ton of passengers and freight have
caused much of the litigation between
the railways and the states, and have
frequently been held to be unconsti-
tl1tionaI on the ground that the charges
prescribed were so low as to be con-
fiscatory under the fourteenth amend
ment that they would deprive the rail
way of a reasonable return upon the
value Of its property.