Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1912-04-01

washington, April 1.-1uo BON6IuOTb
OF the states as a body today fled |
their solemn protest with the supreme
court Of the United States against the |
proposition to strike down state rail |
road rates as interfering with inter-
state commerce. They respectfully
called upon the bench, having in "es-
pecial charge the covenant Of the
union,'' to see that the boundaries Of
the states remain It was the first
time in the history Of the nation that
such a protest had been made.
The protest took the nature OF
brief, filed as friends OF the court"
by a committee Of governors. Judson
Harmon Of Ohio, Herbert 8. Hadley
Of Missouri and Charles H Aldrich Of
Nebraska This committee was BE-
lected at a conference of governors
last September The brief was sub
mitted in connection with the state
rate case" set for oral argument to
day.
The brief was OF peculiar interest
coming so soon after the most recent
decision OF the interstate commerce
commission that railroads submitting
to low rates must give similar rates
on interstate business
Because the federal circuit court In
the Minnesota freight and passenger
rate cases held the rates invalid not
only as confscatory but by reason of
their effect on Interstate commerce,
that case was taken as the text for
the governors protest. 1t was de-
clared that what was said went direct
ly TO the right Of every state TO regu-
late state commerce, and was design
ed particularly to be applicable to the
Minnesota, Missouri, Oregon, Ken
lucky, Ohio. Arkansas and West Vir-
ginia rate cases before the court The
governors had nothing to say about
the confiscatory nature of the rates,
but confined themselves to the inter-
state phase Of the question.
The committee OF governors set
forth the claim that because Mime
sofa had required the railroads to re-
duce their rates from such cities as
st. Paul, Mimi. to Duluth, MINI, on
the state boundary the interstate bust
ness of the railroads from ST. Paul
to Superior, Wis, just across the line
from Duluth, had been affected. Sim
liar conditions, it was stated, were to
be found in Kansas City, Kan, and
Kansas City. Mo-. East st. Louis. H.
and St. Louis, Mo; Omaha, Neb., and
Council Bluffs. Iowa; Cincinnati
Ohio. and Covington and Newport, KY
The vice OF the Minnesota decision
It was urged, was not in an incorrect
statement OF Minnesota geography, but
in the plain disregard Of the provision:
of the federal constitution, which es
tablished the relation OF the natior
and the states by giving one contro
over interstate matters and the othel
control over state affairs II was ad
mitted that there might be some eff
feet on interstate commerce wher
states regulate state rates, but IT wal
asserted time and again in the brie
that If a railroad enjoys a reasonably
return under state rates, IL enjoys ey
cry right TO which IL is entitled.
THE test cannot be-" declare tn
governors, whether the effect Of fiI
ing the local rates may or will be t
ltdu the TdllTOdQh lONtT
state rates. but whether the local rate
are fair and reasonable, for II the
are so and the sum of them Is so niue
lower than the interstate rates as {
lead shippers to take the trouble an
risk Of rebilling or reshipping at stat
lines, this is a perfectly lawful cond
ton the advantage of which the pull
Ito is entitled to enjoy. And as tn
cost and convenience OF carriage
that way can be no less, but, as
well known, would rather be create
the advantage would remain with th
through rate even IL 1t were reduce
so as TO equal the sum of the loo.
rates. The railroads cannot invok
the commerce clause Of the FEEDER,
constitution TO shield themselve
against fair and reasonable rates IKE
by q state for its own internal bus
ness. The effect Of these on mte
state rates is not only incidental ar
indirect, but also legitimate under IL
dual form of government throug
which We enjoy happiness and pro
perity beyond compare.
IF the local rates as reduced b
Minnesota are still fair and the redu
ton leads the railroads to low,
through rates correspondingly, then 4
terstate commerce will have been T