The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-06-10
OTHER DECISIONS NOT GIVEN

tho Minnesota rate case. was not pres
ent' at the opening of@atte saupfeme
court today, and because OF that many
thought 1t doubtful that any decision
in other rates would be- forth.
1...aTns !. ). iayyslfl a.her.d' today; i
the supreme codrf ssession to listen TO
dotRby Jtfstfcagf Hughes in the Min
IesbtA Fate casef t6 afates cases from
Missouri, Arkansas, Kentucky, Oregon
and West Virginia, were Of the opin-
ion that rate making both in the states
and before the federal government had
been reduced to a much more accur-
ate basis than ever before. All sorts
of opinions prevailed as where the
victory rested in the Minnesota deci-
sion. Minnesota state officials, in dis
patches, expressed pleasure over the
olds and members of the Interstate
Commerce Commission said they were
fully satisfied.
The attempt of the railroads to es-
tablish the cost Of reproducing their
property now as an equivalent to a
fair value" on which they are entit-
led to earn rates is regarded as DOOM
ed. The federal court in Minnesota
adopted that basis. 1t allowed the
railroads to multiply the normal mar
ket value Of their land by two In or
der to arrive at the cost of reproduce
ing new right of way outside OF
three big cities in that state.
Justice Hughes held that there was
no place for hypothetical multipliers
in fixing fair value Of railroad
property IL fair average market
price" was given their land, free from
Hypothetical additions.
Justice Hughes said:
THE constitution gives congress an
authority at all times adequate to Sc
cure the freedom of interstate COM
and to provide effective regulation Of
that intercourse as the national inter-
est may demand.
"First-The commerce that 10 cons
fined within one state and does not af-
feet other states IL reserved to the
state. This reservation Is only of that
power which Is consistent with the
grant to congress. The authority Of
congress extends to every part of in
terstate commerce and to every in
strumentality or agency by which 1t 10
carried on: and the full control by
congress over the subjects committed
to its regulation is not to be denied or
7thwarted by the co-mingling Of inter-
state and intrastate operations.
"Second-Even without action by
congress. the commerce clause OF the
constitution necessarily excludes states
from direct control OF subjects en-
braced within the clauses which are of
such nature that, II regulated at all.
their regulation should be. prescribed
by single authority. There II thus
secured the essential immunity Of in
ter state intercourse from the impo.
sition by the states Of direct burdens
and restrains. "a
"Fourth--But there remains to the
states the exercise Of the power aps
propriate to their territorial jurisdic-
ton In making suitable provision for
local needs The state may provide
local improvements. create and regu-
late local facilities and adopt protec-,
tive measures of a reasonable charac>
ter In the interest Of the health. safe
ty, morals and welfare Of its people,
although interstate commerce may In
cidentally or indirectly be involved.
Where matters falling within the state
power % above described, are also. by
reason of their relation to interstate
commerce. within the reach Of the
federal power. congress must be the
Judge Of the necessity OF federal ac.
tion and until congress acts the states
may act Tho paramount authority Of
congress enables It. to intervene at itS
discretion for the complete! and effec-
tive government Of that which has
been committed to its care and for
this purpose and to This extent. In re-s