The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1911-09-15
Governors of Twenty
Five States Protest


stitutionality Of the arts Of the several
states, or orders of their boards OF
railroad commissioners, fixing maxi
mum rates for passenger and freight
traffic, were pending before the SUI
preme court of the United States at
the time this decision was rendered
In all of these cases the same conten-
ton had been made in the circuit court
as was advanced and sustained by
Judge Sanborn in the Minnesota rate
cases. Following the decision Of Judge
Sanoorn, the submission of these cases
pending in the supreme court of the
United States, which had already been
argued and submitted, was set aside
and they were set down, again for
argument at the October Of that court.
Whether the decision in the Minnesota
rate cases was the cause of this action
of the supreme court is, of course, only
a matter Of conjecture. But during
the coming term Of the supreme court,
there will be heard cases arising out OF
controversies between a number of the
states and the railroads doing business
therein as to the constitutionality OF
maximum freight and passenger rate
laws, in each of which the contention
will doubtless be vigorously urged that
the laws of these states or the orders
of their boards of railroad commits
sioners are unconstitutional. because
in the states, Interstate commerce Is
directly burdened and affected.
THE importance and the far-reach-
ing effect of the decision that will be
rendered upon this point can hardly be
over estimated. If the right of regu-
lation Of the rates of transportation in
intra-state commerce shall be denied
the several states, then there will be
enjoyed by the railroad companies the
right to fix intrastate rates Of trans
portation free from any supervision or
regulation. And they will thus be en-
abled to levy a tribute upon the peo-
pie of the several states, the amount
of which will be limited only by their
own necessities or desire for gain
Further than this, the denial of tho
right Of the several states to regulate
the rates of transportation in intra-
state traffic will, as an inevitable and
logical result, result in the denial of
the right of the states to regulate or
supervise the conduct of any business
interstate in its character If thereby
the conduct Of that business in inter-
state commerce is directly affected or
burdened.
That there are many difficulties in
cident to the present situation is ap-
parent. To adjust the rates of the
great trans continental railroad COM
panies to the changing conditions in
administration in forty eight states, is
indeed a difficult problem. The whole
problem of railroad rate regulation in
this country is in a confused, complex
and unsatisfactory condition. No yard
stick has as yet been discovered by
which either TO establish rates or to
measure the reasonableness OF rates
charged.
Some people see in the present stu
alton such difficulties that they con-
tend that government ownership and
operation Of railroads is the only prac-
teal solution. I do not believe that
government ownership and operation
of railroads Is either a necessary or adj
visable solution. But IL will doubtless
be necessary that we should cut and
dry many times before we finally de-
termine upon the correct policy for
dealing with this important and intri-
cate problem. In view of the markedly
different conditions existing In this and
in other countries, the experience of
other nations IN dealing with this
question is but of limited value. We
must work out our own problem for
ourselves, but we must at all times
adhere to the fundamental principle
that a railroad company is a common
carrier and a public highway; that II
must be open to all upon fair and equal
terms, and that the right to charge for
the transportation or persons or OF
property is a right to tax which, in
order to be defensible, must be rea-
sonably and equally imposed.
Most OF the important present day
problems are clearly state questions,
and not national questions. The most
important phase of the question OF
transportation, contend, is still a
question for the states, rather than for
the national government. The question
of taxation, or, to speak more exactly,
the reform Of the many inequalities,
imperfections and injustices incident to
our general property tax is primarily
a state problem The proper compen-
sation of those injured in industrial
pursuits. IS, as this program evidences,
essentially a state problem. The laws
regulating marriage and divorce; the
conduct Of public service corporations
and ordinary business affairs; judicial
procedure; laws regulating the hours
OF labor. improving the conditions
under which II is performed, and pro-
tecting the health and safety OF those
who perform it, as well as the people
as a whole, are all primarily questions
with which the state must deal If they
are to be effectively dealt with at 81.