Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-04-01
Through Committee, Governors
File Protest with Supreme
Court Against Federal En-
crOachment on State Rights.
FIRST INSTANCE IN THE
HISTORY OF NATION


supreme court 81 the lmited states
usninst the proposition b strike
Gown state railroad rates ae interfer-
Ing With Interstate commerce. They
respectfully called upon the bench.
having IN especial charge the cove
nahl 81 the union" % see that tnes
boundaries OF the states remain. III
was the FIRST time IN the history OF
the nation that such PROTEST had
been made.
The protest took the nature OF a.
brief flied as friends OF the court'I
by committee " governors. J,l1non'
Harmon, % Ohio, Herbert =. Hauley,
OF Missouri. and charieg n. Aldrlch.
of Nebraska. THIS committee Was.
selected ~ conference OF goVorAors
last september. The brief was suo-
miiied Ia connection with the Estate,
rate eases SCI fof orci argument to-
day.
The brief wae Of peculiar interest
coming SO soon after the most recent
decision 81 the Interstate commerce.
commission that railroads submitting
10 low state 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 Connscatory but by reason OF
their enfeC; On Interstate commerce,
that case was taken Al the text for
the governors protest. IL was de-
clared that what was said went d.
ieotly 10 the right Of every state to
regulate state commerce, and was de-
signed particularly 10 be applicable to
the Minnesota, Missouri. Oregon, Ken-
lucky. ohio. ArkanssA ana West yir-
ginla rate cases before the court. The
governors had nothing to say about
the eonhscatory nature OF the rates,
hut confined themselves TO the inter-
state phase OF the question
The committee d governors set
forth the claim that because Mime
sofa had required the railroads 20
reduce their rates from such cities az
-. Paul, Nina. 70 Duluth, MIMI, on
the State boundary The Interstate bus
iness OF the railroads from 81. Paul
10 superior. Wis. just across the line
from Duiuth, nad bVen affected. Sim
liar conditions. Il was stated. werv 10
be found ia Kansas city, Kas; and
Kansas City. No. East st. Louis. ILL.,,
and st. Louis. Mo-. Omaha, Seb., ana
Council BUNS, Iowa Cincinnati,
ohio, ana CoVinston and Newport,
KY. The Vice OF the Minnesota de-
claion, Il was urged. was not In an in
correct statement Of Minnesota geo.
efaphy. bat In the plain disregard OF
the provisions or the federal conssitu-
ton. which essablished the relation OF
the nation and the states By giving
one control over Interstate matters
and the other controi over state at
fairs Il was admitted that there
might be some effect on interstate
commerce when states regulate state
rates, but II was asserted time and
again IN the brief that u a railroad
enjoys q reasonable return under
state rates, It enjoys every right 10
which Il 10 entitled.
The tcnt cannot be- Declare the
governors. whether tAe effect OF FIX
ing the local rates may or win be to
lcaa the railroads 10 lower their tn-
terstate rateB, bat whether the local
rates are fair and reasonable. for u
they arc 80 and the sum Of them Is so
much lower than the interstate rates
as 10 lead shippers 20 take the trouble
and risk Of rebelins or feshlppina at
state lines, tbis is perfectly lawful
condition and the advantages which
the pablo Is entitled 90 enjoy And
as the cost and convenience 81 car
rinse Ia that way can be no less, but.
a. Is wen known, would rather be
greater, the advantage would remain
with she throueh rate even if Il were
reduced 80 ais 20 equal the sum " the
local rates The railroads cannot
invoke the commerce clause of the
federal constitution 20 shield them
selves against fair and reasonable
rates flNod by a state for It's own la.
ternnl business. The effect Of these
on Interstate rates Is MOI only incl.
dental ana indlrect but also iegitl-
mate under tae dual form OF govern.
meni through which we enjoy happi.
ness end prosperity beyond compare
III the local rates as reduced by
Minnesota are sflll fair and the re-
daesion leads The railroads 70 lower
thruugh rates corresp0udingiy. then
interstate commerce viii have o9cn
relieved OF d hugden instead Of having
one imposed on n, and this would be-
accomplished not directly 1y the
states regulation 0f lts own commercs
hnt indirectly by the action 81 the
railroads themselves which would be
only just and right
Tesung the Mlnnes0la decision b.
rs consequences. tbs governors de.
cinrcd that II was plain thar the In.
cyiiable effect % the idea that husl.
ntss necessities. peculiar location Of
lines OF transportation and OF com.
mercial centers can make an act 81
a state regulating its local rates d
regulation 81 interstate rates and
therefore invalid, would BE- the DO.
nlfuctlon of the state control over ia
own affairs.
rhe riaht % state regulation er.
fondn 20 every business conducted
within il1 borders. though such busl.
moss may also extend into interstats
aommefrt. ANY Act regulating on
AZ I4 a. rftefprlne having an IN.
tarslata character nereaaafily anect'
fhe conditions undeI Which II com
rcfea with like fnierprises carried oi
AZ oihof STATES Ihis vail apply q