The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1911-04-14

| their natural and necessary effect sub
stantially burden and directly regulate
interstate commerce, create undue and
unjust determinations between locali-
ties in Minnesota and those in adjoin-
ing states, violate the commercial
clause of the constitution, article /,
section 8, and are void.
| "2-These acts and orders which
prescribe maximum fares and rates,
that bring from their respective Min
nesota intrastate business to the
Northern Pacific company an annual
net income of only 3.35 per cent and
to the Minneapolis & St. Louis COM
pany an annual net income of only
FAT per cent of the respective values
OF their Minnesota properties devoted
to those businesses, prohibit fair re-
turn upon these values, take the prop
critics of the companies without just
compensation, violate the fourteenth
amendment to the constitution and are
void.
Federal Power Held Supreme.
|
among the states was granted by the
people to the nation in the constitu-
| ton, is exclusive.
a. The fares and rates of trans
portation in interstate commerce are
national in character, susceptible of
uniform regulation and, so far as the
nation has not regulated them, are
free from regulation by virtue of the
commercial clause of the constitution.
IS. The nation may regulate inter
state fares and rates and all interstate
commerce.
Must Not Go Over Boarders.
ITO the extent that it does not
substantially burden or regulate inter-
state commerce a state may regulate
interstate commerce and the fares and
rates therein within it's borders, but no
farther. 1t may enforce regulations Of
interstate commerce and it's 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.
sc. The effect and neither the terms
nor the purpose of state regulations
determines whether they substantially
burden or only incidentally or remote
ly 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 it and in the de-
cision of which it must obey the con-
stitution rather than the law-making
department of the government
81. The nation has the power to for
bid, and by the act to regulate COM
merce, "a Statute 379, it has prohibit
ed undue determinations between To-
calities in different states by uhfess6n
and legal interstate rates caused by
the reduction of the former by the acts
and orders of the officers of state.
'"S. The facts considered and held:
1.-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 discrimi-
nate against interstate commerce.
SO. The just compensation secured
by the fourteenth amendment entities
the defendant railroad companies to
ia fair return upon the reasonable val
lie 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 Authority.
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-
the market value of their stocks and
bonds or the original cost of their &C
QUESTION and construction.
al. Rate-making looks to the fu-
ture and is legislative function.
Rate judging, determining whether
or not rates made are confiscatory, is
judicial function.
There is a 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
months, after plenary proof of their
effect and other facts determinative of
the issue confiscation vel non has
been made before a master learned in
the law who finds the facts, the legal
or judicial presumption that his find
ings 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
it, is necessary expense of reproduc-
ton and may be lawfully allowed as
such.
'13. A net income of per cent per
annum upon the value of railroad
property in Minnesota devoted to the
public use of transportation is not
more than the fair return to which a
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