Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-09-17

state Traffic Rates. This address was In
most part devoted 10 the analysis of the
recent decision OF Judge Sanborn in the
Minnesota rate case, and during It's course
Governor Aldrich rather sharply criticised
the court for its attitude. He said: ut
Is now becoming quite the thing for
federal courts Of inferior jurisdiction to the
supreme court OF the United States, to in
wade the province and rights Of these
sovereign states by subterfuge, cunning
device, and falacious reasoning and thus
nullify state laws and tie up generally the
government Of the states, depriying them
OF their right TO control their own internal
commerce"
With this postuate, the governor went
over the ground Of the relations between
the sovereign states and the federal gov
eminent outlining tho constitutional rights
Of each, and especial the right Of the states
to control intra-state traffic. The prin-
ciples OF law involved he showed to have
come down for many years through courts
holding in unison in support of the right
OF the state to regulate charges made for
public service by public or auasi-p public
agents, and established in many sustained
decisions as unqusstioned But these pr.n-
ciples, he declared, are overlooked by the
federal courts that are now invading the
domain Of the states. and seeking to
legislate for them through the power Of
the court. He went on:
IF federal courts are permitted to 60
on as they have been recently in annullng
freight rate and passenger rate statutes
and wiping every vestge Of state regula-
tion off the statute books, l again ask
wherein does lodge the right to control
those corporations to the end that only
just and equitable charges shall be paid
by the public2 IT, for instance, a ship
ment of wheat was made from Hastings,
Neb., from the west central part Of the
state over to a flour mill at Omaha, Neb,,
and this wheat being ground into flour and
again shipped from Omaha up to Long
Pine, Neb., to a jobber there. and suppos-
ing the rates charged were exorbtant, UNI
just, and discriminatory, wherein, I say,
is the power to control and regulate this
situation?
III such state control is wiped off the
map and the aggrieved parties should APP
peal to the Interstate Commerce commits
sion, could they go into a federal court,
and would they not be met with the COM
mon carrier with the claim that they have
no cause Of action over which a federal
mission had jurisdiction, because on the
face Of the pleadings, there would not
be federal question in the transaction
At most, 1t would be incidental and indi-
rect The common carrier would success
fully hold to the proposition that this was
not commerce among the states, but that
was commerce originating in the
state; therefore, it was not one of the
powers delegated by the states to the
FEDERAL government and consequently no
RELIEF could be had. Then, In that and
In all similar cases, the railroads would
be without any regulation whatever in
tntrastate business. The states, so far as
they are concerned. find too much SYM
pathy and tolerance on the part OF the
federal courts in this county on behalf
Of the railroads.
ut will hardly be presumed that the
legislature and prominent citizens of any
state would lend a helping hand or even
desire such situation as that a common
carrier should be crippled or forced into
the hands Of receiver, AS rule, men
upon the various railway commissions OF
the several states are persons of the high
est character and patriotism, conscientious
ana scrupulous In all that they do and
undertake. They know the Importance Of
Gus and making legitimate dividends upon
actual investments,
THE trouble 10 that the managers Of
these common carriers overlook an all-im-
portant proposition and that is that the
shippers, the producers, and the common
carriers have common cause and should
be common friends: that they are mutually
interdependenti that n, by any process,
the one Is crippled and checked in develop
ment 1t correspondingly affects the other;
that each, In the last analysis must SO
adjust their business with each other that
is placed on q basis Of live and let
1--we that freight rates and passenger rates
can be placed so high as absolutely, in
effect, to destroy the entire business,
On the other hand, freight rates ana
passenger rates can be placed SO low that
companies may be forced into the hands
OF receiver, The one ia Just as lament
able as the other~and no other should be
tolerated. and If left TO the public such a
situation will not exist. / am here to say
that the legislation OF today. as carried
on and regulated by the several states of
this union is, in the main, Just and
equitable and fair, and that railroad COM
panies doing business today under these
regulations are prosperous
AS notable instance Of this. call
your attention 70 my own state In its
regulation of the common carriers therein
! here make the assertion that under the
regulation through the freight rate law,
the passenger rate law and the railway
commission, the railroads of the state OF
Nebraska are on a better business basis
and on better terms with the people OF the
state and do business with them more
satisfactorily than they have ever done
before in the history OF their existence
Under the e-cent fare law the figures will
show that the business OF Nebraska In
passenger traffic has greatly increased.
II say here, without fear OF successful
contradiction, that the following, which
10 copy Of the Nebraska freight rate
law, Is fair and just and equitable II will
be noticed that this law is not a hard and
fast rule, but possesses the element OF