Arizona republican., 1912-04-02
Executives of the States Object to Further In
 reference By Fed
 eral Power.
DECLARE FOR
 STATE CONTROL
Brief is of Peculiar Inter est As Aftermath of Recent Commission
 Decision.
[ASSOcidfed Press DisPafchI

WASHINGTON, April 1.-The gov day filed their solemn protest with l the supreme court of the United States against the proposition to strike down state railroad rates as interfering with interstate commerce. They respectfully called upon the bench. having in especial 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 s. Had ley. of Missouri; and Charles H. Atd- rich. of Nebraska This committee was selected at d conference of gov ernors last September. The brief was submitted in connection with the
 state rate cases, set for oral ar gument today.
 The brief was of peculiar interest coming so soon after the most recent
 
 commission that railroads submitting to low state rates must give similar races on interstate business.
 Because the ,ral circuit court in the Minnesota f~ ignr anu passenger rate cases held the rates invalid not only as c0nfiScatOrv but by reason of their effect on interstate commerce. that case was taken as the text for the governors protest It was de- Clared that what was said went di- rectly to the right of every state to regulate state commerce and was de- signed particularly to be applicable to the Minnesota. Missouri. Oregon. Kentucky, ohio. Arkansas and West Virginia rate cases before the court The governors had nothing to say about the confiscatory nature of the rates. but confined themselves to the interstate phase of the question.
 The committee of governors set forth the claim that because Minne- sota had required the railroads 70 re- duce their rates from such cities as St. Paul. Minn.. to Duluth, Minn., on the state boundary the interstate business of the railroads from St Paul to Superior. Wis. just across the line from Duluth. had, been af- fected. Similar conditions. it was stated. were to be found in Kansas City. Kan. anI Kansas City. Mo; East St Louis. H.. and St. Louis. Mo; Omaha. Neb. and Council Bluffs. Iowa: Cincinnati, Ohio anu Covington and Newport. Ky. The vice of the Minnesota decision. it was urged, was not in an incorrect statement of Min nesota geography. but in the plain disregard of the provisions of the federal constitution. which established the relation of the nation and the states by giving one control over in- terstate matters and the other control over state affairs r. was admitted that there might be some effect on interstate commerce when states reg ulate state rates. but it was asserted time and again in the brief that if a railroad enjoys q reasonable return under state rates. it enjoys every right to which it is entitled.
 The test cannot be-" declare the governors. whether the effect of fix ing the local rates may or will be to lead the railroads to lower their in- terstate rates. but whether the local rates are fair and reasonable. for if they are so and the sum of them is so much lower than the interstate rates as to lead shippers to take the trouble and risk of rebiling or re- shipping at state lines. this is a per- fectly lawful condition the advantage 7Df which tha ntthif,. Is entitled to on joy. And as the cost and convenience of carriage in that way can be no less. but. as is we'll known. would rather be greater. the advantage would remain with the through rate even if 1t were reduced so as to equal the sum of the local rates. Tie rail roads cannot invoke the commerce clause of the federal constitution to shield themselves against fair and reasonable rates fixed by state for it's own internal business. The ef- feet of these on interstate rates is not only incidental and indirect but also legitimate under the dual form of government through which we en- joy happiness and prosperity beyond compare
 If the local rates as reduced by Minnesota are still fair and the re- duction leads the railroads to lower through rates correspondingly then commerce will have been of a burden instead of hay ing one imposed on it. and this would be accomplished not directly by the states regulation of its own com