Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-09-18
FEDERAL JUDGE INTERFERING "A
DEFENDER OF STATES
RlaHTs.
TAKES BROAD GROUND
IN EXPRESS RATE CASES
Declares Ruling y % Rsme4s From In.
tsrstats Rates That lowe Commission
10 Within lts Pewsrs-Takss Issus
With Judge sanborn and compli.
msnts Iowa Commission.

! 0peclai 10 llmeS- Repupnc6n.
Des Moines, Sept. 1s.-Judge Smith
Mcpherson, United States district
judge, defender Of states rights, is a
new and interesting role.
But the learned Iowa jurist takes
issue sharply with Judge Sanborn, Of
the circuit court, and in the express
rate cases he stands pat on the po-
sition he took in the Missouri cases.
| Inasmuch as the Missouri cases APP
pcaled from Judge Mcpherson and the
/ Minnesota cases appealed from Judge
i Sanborn, go together to the United
States supreme court for determine
. ton. along with sundry other cases
| from Arkansas, Colorado and other
states, the last word Of Judge McPher-
son on the subject of the conflict Of
! state and interstate jurisdiction has
special Importance He says:
1.-THE state of Iowa can not either
by the legislature or by any board.
| fix interstate rates. The state can not
fix rates that control interstate rates.
Every state rate in some way or other,
may have some bearing on interstate
! rates and every interstate rate may
have some bearing on the state rate.
But. in my opinion. this is not enough
to invalidate the STATE rate fixed by
the state. because 1t may be made to
appear that in some way or another,
Indirectly or remotely, il nay have a
bearing and effect upon Interstate
rates.
Impressed With Importance.
II gave this great question the con-
sideration that In my opinion its Inn
portance deserved in the so-called
Missouri railroad rate cases, which APP
pear under the title Of st. Louis &
San Francisco Railroad Company, ct
al. VS.. Hadley. attorney general. 1853
Fed. Rep. 317-40. This question was
most strongly presented in the Mis-
souri, cases because of the tremendous
commerce between the two cities Of ST.
Louis and St Joseph, the one-half Of
which was carried by railroad wholly
within the state of Missouri between
the two cities and the other half OF
such commerce between the two cities
was carried by railroad partly within
the state of Missouri and partly with
in the state Of Kansas. A like stu
alton existed between Kansas City and
St. Joseph, and another like situation
between Kansas City and the Joplin
mining district, between which places
Even tho the two cities between
which the commerce is carried, are
both within the one state. II the rail-
road company connecting the two cities
Is partly without the state then such
railroad partly within and partly with
out the state is doing an Interstate
commerce business. altho between the
two cities both Of which are within
the state.
Can't Agree With ssnborn.
Il am aware that Judge Sanborn,
circuit judge in the cases known as
the Minnesota rate cases. has held
otherwise. The state of Minnesota. by
reason Of certain geographical phases.
presents this question as presented in
the Missouri cases. But in principle
I can see no difference between the
Minnesota and Missouri situation. Rec
ognizing, as do, that his opinion Is
clear and strong. I can not bring my
mind to the conclusion he adopted.
and still adhere to my views as ex-
pressed in the Missouri cases.
Undoubtedly this great question will
be decided soon by the supreme court
of the United States. and further dis
cussion by 4 trial Judge Of the ques-
ton can serve no useful purpose. But,
be this as It may. and solved eventu-
ally by the supreme court as 1t may be
solved. the state of Iowa, by reason
Of its geographical position. in my
Judgment does not present this ques-
tion in a way that leaves room for
doubt. And therefore because in some
Of the instances the state rate may In
a remote degree affect interstate bust
ness 1t does not make the order of the
Iowa railroad commissioners void"
Tribute TO Iowa Commission.
The decision Of Judge MCPHERSON
contained a high tribute to the railroad
commission and to those who have had
to do with preparation Of the express
rate case. He especially referred to
the careful preparation of the case
prior to the fixing Of the new schedule.
which was done by former Attorney
General Byers, even tho a Des Moines
newspaper did declare editorially that
nothing had been done in the case by
the former attorney general The case
was originally started by Byers, who
had the help Of Mr.. Wrightman, sec
rotary of the Iowa Manufacturers Asso-
ciation. The decision in the case orig
inany was by Commissioner Eaton and
was mastery discussion Of the
Issues. When the case was carried into