Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-06-10

rates arc held to be confiscatory in view
of the particular facts shown with re-
spect 20 that road.
Authority in Congress.
Il. The Constitution gives Congress an
authority at all times adequate to secure
the freedom Of interstate commercial in
tercourse from state control and to pro-
vide effective regulation of that inter-
course as the national interest may de-
mand
.. The commerce that is confined with
in one state and does not affect other
states is reserved to the state. This res
ervation is only OF that power which is
consistent with the grant to Congress.
The authority OF Congress extends to
every part of interstate commerce and
to every fundamentally or agency by
which it is carried on. and the full con-
troll by Congress over the subjects COM
mitted to its regulation is not to be de-
MED or thWarted by the comlningling
of interstate and interstate operations.
80 Even without action by Congress
the commerce clause of the Constitution
necessarily excludes the states from di
rect control of subjects embraced with
ing the clause which are of such nature
that. il regulated at all. their regulation
should be prescribed by a single author
ity. There is thus secured the essential
immunity of interstate intercourse from
the imposition by the states OF direct
burdens and restraints.
Il. But there remains to the states the
exercise of the power appropriate to
their territorial jurisdiction in making
suitable provision for local needs. The
state may provide local Improvements,
create and regulate local facilities and
adopt protection measures of Il reason
able character in the interest Of the
health, safety and morals.
Has Power to Intervene.
w here matters falling within the state
power, above described. are also by
reason of their rela ton to interstate COM
merce within the reach of the federal
power. Congress must be the judge Of
the necessity of federal action, and until
Congress acts the states may act. The
paramount authority of Congress enables
1t to intervene at its discretion for the
complete and effective government of that
which has been committed to it's care,
and for this purpose and to this extent.
In response TO Il conviction OF national
need, to displace local laws by substitute
ing laws OF it's own.
-, State regulation Of railroad rates
began with transportation. The author
fty of the state to prescribe what SHAH
be reasonable charges for intrastate
tranSporta ton is state wide, unless It be
tional power Of Congress, with respect
to interstate commerce and it's instru-
ments. AS a power appropriate to the
territorial jurisdiction OF the state it is
not confined to part of the state, but
extends throughout the state--to its cities
adjacent to it's boundaries as we'll as to
those in the interior of the state. III this
authority of the state be restricted 1t
must be by virtue OF the actual exercise
OF federal control and not by reason
%l,sa%
is, one which has not been eXerted.
-. Congress in an act to regulate COM
rierce expressly provided that the pro-
visions OF the act should not extend 10
transportation wholly within one state.
Congress Failed to Act.
Having regard to the terms of the fed
eral statute. the familiar range of state
action at the time II was enacted. the
continued exercise of state authority in
the same manner and to the same extent
after its enactment. and the decisions Of
this court recognizing and uphclding this
authority. the court finds no foundation
for the proposition that the act to regu-
late commerce contemplated interference
with the authority of the state to pre-
scribe reasona BILE rates for the exclu-
sively Internal traffic throughout the ex
tent of it's territory. Neither by the origi-
nal act nor by its amendment has Con-
gress sought to establish unified con-
troll over interstate and intrastate rates;
it has not set UP standard for intrastatc
rates or prescribed or authorized the fed
eral commission to prescribe either maxi
mum or minimum rates for iutraStatc
traffic. The fixing of reasonable rates for
intrastate transportation was left by the
act where it had been found. that is with
the states and the agencies created by the
states to deal with that subject.
u. Under the esta Oiished principles
.fracy II
transcend the limits of it's authority in
prescribing the rates here involved. as
Stunning them to he reasonable intrastate
rates. 1t exercised AN authority appro-
pirate to its territorial Jurisdiction and
not opposed to any action thus far taken
by Congress.
Defines Functions Of Court.
IS. The interblending of operations in
the conduct of interstate and local BUSH
ness by Interstate carriers and the ex-
spect to the maintenance of interstate
rates by reason Of their relation to intra-
state rates are considerations for the
practical Judgment of Congress. II the
situation has become such that adequate
regulation of interstate rates cannot be
maintained without imposing require
ments with respect to such intrastate
ly affect interstate rates. ii is for Con-
gress to determine, within the limits of
its constitutional authority over inter-
state commerce and its instruments, the
measure of the regulation ii should sup
ply.
it is the function of the court to in
terpret and apply the law already en-
acted. but not. under the suise Of con-
struction, to provide d more comprehen-
sive scheme of regulation than Congress
has decided upon. Nor In the absence OF
the laws Of the state enacted within the
field which it is entitled to occupy until
it's authority is limited through the exer-
ton by Congress OF its paramount con-
stitutional power.
~. On the issue of confiscation: The
rate-nalsoing power is a legislative pow
er and necessarily implies a range OF
legislative discretion. The court does
not sit as n board of review to subst-
,nte it's Judgment for that of the leg:s-
lat,ire or Of the commission law fully
constituted by 1t as to matters within
the province Of either.
Question of Confscation.
a general schedule of rates involving the
protitablencss of the interstate opera
tons of the carrier taken as a whole,
the state has superseded the constitution
al limit by making the rates coniiscatory.
40. In the cases Of the Northern Pa
cific and Great Northern companies OH
the examination of estimates of value
and methods of apportionment 1t is con-
Guided that the proof is insufficient to
met finding that the