The Topeka state journal., 1911-08-02
Supreme Court May Make Seri
Gus Decision Soon.
MINNESOTA'S WO
Wholesale Slice of Passenger
and Freight Rates.
Other Items of General Interest
in Traffic World.

The effect of the recent decisions
of the United States supreme court
and of the fuller exercise of the leg
islative powers of congress have been
to give a broad construction to the
clause of the constitution delegating
to congress the power to regulate in
terstate commerce and to confine the
power of the states within much mar
rover limits than those over which
many of them have sought to exer-
else it.
A recent decision by United States
Circuit Judge Sanborn of the United
States circuit court for the district of
Minnesota goes so far in this direc-
ton that if it is sustained by the
United States supreme court and car
ried to its logical conclusion, railroad
men insist that it would restrict the
opportunities of the states for this
character of regulation.
The legislature of the state of Min
nesota had enacted statutes reducing
passenger fares within that state about
33 15 per cent and reducing freight
charges on certain comm moditieS with
in the state about 7.37 per cent. By
orders of the Minnesota railroad and
warehouse commission, general mer
chandise freight charges on shipments
wholly within the state were reduced
by from 20 to 25 per cent and certain
specific charges on freight shipped
from distributing points just within
in the state were reduced.
Suits were brought by shareholders
of the railways affected by these leg
islative acts and orders of the COM
mission, against the railway COM
panies, the attorney general of the
state. and the members of the rail-
road and warehouse commission to
prevent them from maintaining the
reduced fares and rates on the
grounds % that the orders of the
7r-e-sr. af1fc Of Ineric-
lature described, substantially bur-
dened and regulated interstate COM
merce on the railroads of these COM
panies, and CD that their necessary
effect was the confiscation of the
property of the companies. Judge
Sanborn found that leach of those
acts and orders is violative of the
fourteenth amendment of the consti-
tuition and void" He further found
that leach of the acts and orders
challenged has the natural and nee
| essary effect substantially to burden
and directly to regulate interstate
commerce, to create undue and un-
Just determinations between localities
in Minnesota and those in adjoining
states, and it is unconstitutional and
void.
Interest in this decision centers in
the finding last quoted above.
In this case the companies for the
first time made an effective showing
upon the IacLS as TO the elect O1 Sldl6
regulations upon interstate commerce
and demonstrated that, although the
regulations on their face related only
to intrastate commerce, the effect of
their application would necessarily be
to require reductions of interstate
charges. Upon this showing Judge
Sanborn's decision was founded on the
| following propositions:
/ ITO the extent necessary complete
| ly and effectually to protect the free
dom of and to regulate interstate COM
merce the nation by its congress and
| its courts may affect and regulate in
trastate commerce, but no farther.
| ITO the extent that it does not sub
stantially burden or regulate interstate
commerce state may regulate the in
trastate commerce within its borders,
| but no farther.
''If the plenary power of the ma
ton to protect the freedom of and to
regulate interstate commerce and the
attempted exercise by a state of its
power to regulate intrastate commerce.
/ or the attempted exercise of any of
| its other powers, impinge or conflict,
| the former must prevail and the lat
| ter must give way. because the con-
stitution and the acts of the land, and
| that which is not supreme must yield
| to that which is supreme
/ Charges for interstate transporta-
! tiOn and for intrastate transportation
on the railways of the United States
J are so intimately interviewer and are