Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1911-04-18

nation has not regulated them, are
free from regulation by virtue of the
commercial clause of the constitution,
go. The nation may regulate inter.
state fares and rates and all Interstate
commerce.
Must Not Go Over soarders.
ITO the extent that 1t does not
substantially burden or regulate inter.
state commerce a state may regulate
intrastate commerce. and the fares and
rates therein within it's borders, but no
farther. 1t may enforce regulations Of
Interstate commerce and its fares and
rates which only incidentally or re-
motely affect interstate commerce
But state laws, orders and regulations
concerning intrastate commerce, or
the fares or rates therein which sub.
stantially burden or regulate inter.
state commerce. or the fares or rates
the rein. are beyond the powers Of
the state, unconstitutional and void.
All Power With Nation.
"6. The effect and neither the terms
nor the purpose of state regulations
determines whether they substantially
burden or only incidentally or remote
~ affect interstate commerce.
"And this is judicial question
which each court must decide on It's
own responsibility on the special facts
of the case before 1t and in the de.
cision of which II must obey the con-
stitution rather than the law-making
department of the government
a. The nation has the power to for
bid, and by the act to regulate COM
merce, "a Statute 37s, It has prohibit.
ed undue Determinations between To-
calities in d 'fferent states by unreason
able differences between intrastate
and legal interstate rates caused by
the reduction of the former by the acts
and orders of the officers of state.
IS. The facts considered and held:
"The unavoidable effect of the gen.
eral and sweeping reductions of intra.
state fares and rates in Minnesota
made by the acts and orders consider.
ed, was and is substantially to burden.
directly to regulate and to discrimt
nate against interstate commerce.
80. The just compensation secured
by the fourteenth amendment entities
the defendant railroad companies to
fair return upon the reasonable val.
ue Of their property in Minnesota de.
voted to the public use of transporta.
ton. Such as return is just to the
public as well as to the carriers.
Division in Rate'sAuthority.
40. Under the evidence in these
cases the cost Of reproduction new OF
the Minnesota properties of the de.
PENDANT companies devoted to the pub
lie use of transportation is more per.
suasive evidence of their value than
the market value Of their stocks and
bonds or the original cost of their &C.
QUESTION and construction.
I'll. Rate.making looks to the fu.
ture and is legislative function.
Rate Judging, determining whether
or not rates made are confiscatory, 10
. judicial function.
There is presumption in the first
Instance that legislatures and commits
sions make reasonable and just rates
and clear proof is requisite to over
come it.
But when after fares and rates
have been tried by actual use for
after plenary proof Of their
effect and other facts determinative Of
the issue confiscation vel non has
been made before master learned In
the law who finds tho facts. the legal
or judicial presumption that his find
lngs are Just and right, while not con-
elusive, is superior to the original pre-
sumption that the rates were just and
reasonable. ~
"12 Interest on the cast of repro
duction of railroad property At per
cent per annum during one-half the
time requisite to acquire and construct
Il, is a necessary expense of reproduo.
lion and may be lawfully allowed as
such.
"13. A net income of Z per cent per
annum upon the value Of railroad
property in Minnesota devoted to the
public use Of transportation il not
more than the fair return to which q
railroad company is entitled under the
l4th amendment to the constitution"