Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1911-12-26
GOVERNMENT To
OWN OR CONTROL
Failure of Railr Dad Legisla.
tiOn Will Force Posses
sion, Says Knapp

Washington, d. c.. Dec. 25.-Jus-
tive Knapp. chief justice of the CON-
merce court. In recent utterances
concerning railroad legislation and
control has stated that. II the regu-
lation which Is now sought TO be
enforced shall be found Inadequate
government ownership of the rail-
roads Is the only alternative.
Apropos OF his remarks is the
trend OF though OF some OF the rep
resentatives and senators who have
come out for government ownership
of railroads as well as other big
business. Although Judge Knapp
does not think that this condition
will prevail, at least for the present.
he does think that railroads should
be regulated under the provisions Of
the national congress.
In speaking of this subject. he
said
The regulation of interstate CON-
merce Is one of the most commanding
ard certainly one Of the most con-
sricious subjects now before the pub
lie. The provision in the federal
constitution giving to congress the
right to regulate commerce With for
eign nations, between the states and
with tie Indian tribes has not only
stood the test OF time, but appears to
be adequate for our marvelously
changed modern conditions"
Early Cases.
The history OF litigation based on
this constitutional provision Is ild-
! minating The first case 10 coG,e be-
fore the United states supreme court
on this subject was not reached Until
1884, one-third OF century after
the adoption OF the constitution. In.
ul 1870 only four cases came be-
fore the tribunal. Between lSIo AM
1860 fifteen more Cases Tc-e heai d,
Between 1850 uni 1880 there Nere
fifty cases. In the decade between
1880 and 1890 sevcn,y e.sh.. Since
1890 hundreds Of these cases have
come before the sup-ems coart and
the number Is increasing stea'i''y
In the first case brought before
the supreme court an attempt wa'
made to restrict within marrow
bounds the CONSTITUTIONAL rights OF
congress. Chief Justice John Nai
shall rejected thi application fcl
ich restriction and de, Jared th,
power to regulate commerce :iven tC
congress knows no limit other thar
the constitution.
A concurrent opia'0l by Asso, lat'
Justice johnson dec.arcd that no
only the articles AMI snb,acts of In
terstate commerce may hc regulated
by congress. but al the agencies an
facilities entering into such com
merce are within the regulating
power of congress.
4 Fundamental Right.
why" says Juise Knapp. "shcul,
carriers be reguluel? The riyh
goes back to prin,s,ial days Man. |,
those times. nal ways OF rassag
from one hunting field to anoihe
from his rude tb)ic to the place
where he found his sport.
When advanced in civilization. tn
: right-of.way was ore OF the ins
fixed by ancient custom aud final
by Law. Then came the establish
ment OF the hlghwIy and the stree
II may well be- sail that the street
the foundation " the state
Government has three importar
I functions. to give security TO the pei
son, protection TO property and n,
surance of equal use OF the hiel
= ways.
! Henry George, the brilliant thinl
a er declared what difference is ther
= between man owning all the Ian
h and owning all the people?" amen
!. that by saying that the person VIII
owns the highways owns both III
land and the people.
|, Duty of Government.
= There Is an inherent right /
I equal use of the highways and N
right OF tho great railway system
!. has not altered this in the sllghtes
, They have absolutely replaced the ol
highways for long hauls With N
!, ancient usaee clcrr II nav we'll
!. said that the duty of thA governm u
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