The Birmingham age-herald., 1911-12-17
KNAPP DISCUSSES NEW RAILROAD LAW Views of Chief Justice of X Commerce Court FEDERAL REGULATION Believes Railroads Should Be Regu- lated by Provisions of Congress
 and Tells Why Regulation
 Is Necessary
FEDERAL REGULATION
By SIDNEY EsPEY

Washington, December 16-(Speeial.)- Justice Knapp, chief justice of the eom- merce court in recent utterances concern ing railroad legislation and control has stated that, if the regulation which Is now sought to be enforced shall be found inadequate government ownership of the railroads is the only alternative.
 Apropos of his remarks is the trend of thought of some of the representatives and senators who have come out for gov ernment 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, ae does think that railroads should be reg ulated under the provisions of the nation al Congress.
 In speaking of this subject he said:
 "The regulation of interstate commerce is one of the most commanding and eer- tainly one of the most conspicuous sub 1ects now before the public. The proVis- ion in the federal constitution giving to Congress the right to regulate commerce with foreign nations, between the states and with the Indian tribes has not only stood the test of time. but appears to be adeouate for our marvellous changed mod ern conditions"
 The history of litigation based on this constitutional provision is Illuminating The first case 10 come before the United States supreme court on this subject was not reached until 1S34 one-third of a cen tury after the adoption of the eonstitu- ton. Until 1S40 only four cases came be- fore the tribunal Between 1Si0 and 1S61 15 more cases were heard. Between 1ss) and 1880 there were 50 cases. In the de- cade between 1880 and 1S90 7S. Since 1S90 hundreds Of these eases have come before the supreme court and the number is in- creasing steadily.
 In the first case that was brought be- fore the supreme court, an attempt was made to restrict within narrow bounds the constitutional rights of Congress. Chief Justice John Marshall rejected the application for such restriction and de- clared the power to regulate commerce given to Congress knows no limit other than the constitution
 A concurrent opinion by Associate Jus tice Johnson declared that not only the ar ticles and subjects of interstate commerce may be regulated by Congress but all the agencies and faculties entering into such commerce are within the regulating power of Congress.
 why" says Judge Knapp, should car riers be regulated? The right goes back to primeval days. Man, in those times, had ways of passage from one hunting field to another from his rude abode to the places where he found his sport.
 When advanced in civilization the right of way was one of the first fixed by ancient custom and finally by law. Then came the establishment of the highway and the street. It may well be said that the street is the foundation Of the state.
 "Government has three important func- tions; To give security to the person. protection to property and assurance of equal use of the highways.
 Henry George, the brilliant thinker, de- clared what difference is there between a man owning all the land and owning all the people? I amend that by saying