The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-09-18
MONDAY, SEPTEMBER IS. ie11.
A GREAT CHANCE ron HARMON.

appointed to advise the Supreme Court
as 10 the rights of the States in the
matter of making railroad rates. to
prepare the brief and address the
Court Thus" says the New York
SUM- Governor Harmon would oecome
the champion OF the constitutional
rights of the States, and, Incidentally.
the cynosure of all those who feel
strongly on the subject Their name
is legion" Which means. OF course.
that Mr.. Harn1on's choice for this great
work will add considerably to his pc :.
liticai Importance as a candidate for
President. Chosen as the special and
ernors of all the States in so vital
matter. 1t must be assumed that he
will have their sympathy and support,
and as the battle which he IS to wage
will be for the rights of the poople
and the independence of the States in
dealing with their own internal A.
fairs, 1t would not be surprising "
he should win the sympathy and sup
port OF large masses of the people. The
Democrats among them may say that
If this Governor of Ohio n rock ribbed
Republican State, which he has carried
twice already against fearful odds.
is regarded a 3 the best man to fight
the battles of the people before the
Supreme Court he might be the best
man to care for their rights in the
n
lection for the service required OF him
was not meant IN political way, but
any one can see how It might be turned
to serious political account, when there
are so many able Democrats this wear
who would make 5000 Presidential
candidates.
The case, which prompted the most
unusual course adopted by the Cover
nors' Conference, is thus plainly and
dispassionately stated by the New York
Times:
The Minnesota law reduced the pas
senger rates OF Minnesota from cents
10 cents mile, and the Commission
orders reduced merchandise rates from
20 to rs per cent. and the rates on
bulky commodities somethi over 7
per cent After the special master APP
pointed by the court had reported his
findings and recommendations, Judge
Sanborn. of the United States Circuit
Court. rendered an opinion affirming
the report OF the master. Judge San
born found that the rates imposed
We're contiscatory. inasmuch as they
did not permit the earning OF fair
return upon that part OF the railway
companies capital invested in the
state OF Minnesota: under the rates
enacted and ordered. that income upon
this capital was found by the master
TO range between l-2 and S35 peu
cent, while II was the opinion OF tho
court that per cont. return would
have been no more than fair. Tho
rates, therefore, were fixed in violation
OF that provision of the Federal Con-
stituiion which Sorbids the taking OF
property without due process of law.
This was enough to justify the an
nulment of the rates complained of,
but the court. again following the
findings of the Master as 10 fact, de-
ciared that these Minnesota rates.
though they We're in terms applica bl a
only to intrastate commerce. really
operated es a burden upon and regu-
iduon OF interstate commerce. which
is the exclusive concern Of the Federal
N'ON'A IL Is on inns point tl1t
the Conference ofGovernors has sound :
ed the alarm about the invasion OF
State rights. They insist with ample
justification from the Constitution and
Ale law that intrastate commerce is
exclusively matter of State concern
The Federal act TO regulate commerce,
Indeed, declares that its provisions are
not applicable to the transportation OF
persons or properties wholly within ono
State The point at issue is whether
these Minnesota regulations though in
terms applying only 10 intrastatc traf-
fic. really transcribed the jurisdiction
and fell upon interstate commerce as
a burden and regulation. The facts
are. as found by the Master that the
rates within Minnesota We're tXed so
low that they compelled the railroads
affected 10 reduce their Lawful inter
etate rates thereby leading To dis
elimination against other Interstate
carriers contrary to the letter ana in.
tent of the Federal law. For instance
the interstate rate A%ed by the state
OF Minnesota between st Paul and
Moorhead, q distance OF 25o miles. was
20 per cent lower than the lawful in.
terstate rate between ST Paul and
Fargo, lying in the State of North pa
kota Just across the Red River. one
mile beyond Moorhead. The Master
found that the effect Of this was to in.
crease the passenger business of the
Northern Pacific Railroad between
Moorhead and other points In Mime.
sofa SAT per cent, and practically Il
destroy through business between ST
, Paul and Fargo. Counsel of the com.
plainants rc'-ted out that, as a con.
sequence. "a lsrge proportion Of al
rates for the transportetio of mer.
ChanGiEe IN the lieLrtcf hound. a.,
Missouri River, the Canadian boun
dry, the Pacific Ocean. and the Mexi
car boundary, either have come dowr
or must come down Here, evidently
the acts OF the State Of Minnesota did
In fact affect interstate commerc,
business over which Minnesota has n,
control Whether this amounted 10 ;
burden upon or regulation of inter
state commerce in a degree quite be
yond neglible limits is question tn
Supreme Court In the cases now befor