Clearwater Republican. [volume] (Orofino, Idaho) 1912-1922, 1912-04-04

| Interstate commerce viii have been
| relieved of a burden instead of hav-
| III one imposed on it; and this wou d
| be accomplished not directly by the
through rates corregpondingly then
states regulation of its own com :
merce but Indirectly by the action II
the railroads themselves which Won
be only just and right"
Testing the Minnesota decision by
its consequences, the governors de-
ciared that it was plain that the in
cyitable effect of the idea that busi-
ness necessities, peculiar location of
lines OF transportation and of com
nercial centers can b, made an act
Fl state regu ating its local rates 4
regulation of Interstate rates and
therefore invalid. would be the de-
struction OF the state control over its
own affairs
The right Of state regulation eN-
tends to every business conducte L
within its borders, though such bust
ress may also extend into Interstate
commerce. Any act regulating or
&ftecting an enterprise having an in-
tcrstate Character necessarily affects
ZIG tOUultiOiIS uIlucT WHICH IL
petes with like enterprises carried on
IN other states. This will apply to
telephones, telegraphs, natural gas
nd oil companies and many other
enterprises. And the passage of =
law regulating the hours of labor
within one state might make 1t diff
cult or impossible for it's corporations
or citizens to compete successfully
With those engaged in the same bust
ness in other states where no such
regulation exists. The same condi-
ton would arise from the passage
of workmans compensation law, or
law changing the liability of en-
picyers in one state, when other states
have no ouch laws or different ones
IF the doctrine Is to be that the
laws of trcde may make the perform
ance of Q lawful duty by state IN
the regulation of corporations doing
business therein a regulation of Ia
terstate commerce. who is to prescribe
the test or rule for applying it? Or
shal we go to the logical conclusion
that the laws of trade are higher than
the constitution and must prevail
without regard to the directness or ex-
VIII VI iCdi VI ls-ncltu interference
with their full operation and effect %
In concluding the governors de-
clared that the rate cases involved no
conflict between state and federal au-
thority, but controversy betwe IN
the states and the railroads
mo one contends that congress
could exercise any control over the
ulely internal commerce of the
states" 1t was asserted. 1.-The eff
feet of the decision is not to take
power from the states and cave IL
With congress but to take power
II ON the states and leave the rail-
roads free to charge whatever rates
Trey please in their traffic within
the states for If the states cannot
regulate these rates nobody can.
"The fourteenth amendment pro-
tects the rights of carriers from in.
vasion under the guise of regulation
by either state or nation. 1t is not
always easy to find the line which
separates the domain of public au-
thority from that of private right But
this is not so hard as it would be to
trace the indirect effects of regu' alton
ty the states and by congress back
and forth across the boundary of
their respective jurisdictions The
boundary itself is plainly marked. We
who have to do with administering
the judicial power have in especial
charge the covenant of the union and
cur plain duty Is to see that this
! oundary is respected, leaving furth-
or responsibility to the people of the
country and the agencies they have
created for the regulation of COM
nerce. state and interstate"