The Birmingham age-herald., 1913-06-10

congress must be the judge of the ne
cessity OF federal interstate action and
until congress acts the states NAV act
me paramount authority of congress en-
aoies 1t to intervene at its discretion
Tor complete and effective government Of
.hat government which has been cop,
'ii,ted 10 It's care and for this purpose
ana TO this extent in response to a CON
victlon OF national ned to dispIace local
| laws py substituting laws of it's own.
Railroad Transportation
o. state regulation of railroad rates
begun with railroad TRANSPORTATION Tbo
authority of the state to prescribe what
shai be reasonable charges for intra-
s.aee transportation is statewide. un-
less 1t be limited by the exertion of the
constitutional power of congress with re-
spect to interstate commerce and it's in
struments. AS a power Appropriate TO the
territorial jurisdiction of the state If
is confined to part of the state hut
extends throughout the state-to it's Cit
les adjacent to its boundries as we'll a.
10 those IN the interior of the state
III this authority of the state he 70
stricted it must be by virtue of the ar
tual exercise of federal control. and not
by reason merely of a dormant federal
power, that is, one which has not been
exerted.
b. congress In an act to regulate
commerce expressly provided that the
provisions of the act should not extend
TO the wholly within one state Having
| regard to the terms of the federaI
statute the familiar range of state ac
tion at the time it was enacted. the CON
tihued exercise of state authority in the
same mannare and to the same extent
after its enactment, and the decisions of
.'lis court recognizing and upholding this
decision. the court finds no foundation
Tor the proposition that the act to resn-
late commerce contemplated interference
with the authority of the state to pre-
scribe reasonable rates for the excIu-
slVely internal traffic throughout the ex-
tent of its territory. Neither by the orr
slhai act nor by its amendment, has
congress sought to establish a unified
control over interstate and intrastate
rates; ii has not set up standard for
ihtrastate rates or prescribed or author
lzed the federal commission to prescribe
elther maximum or minimum rates for
ihtrastate transportation was left by the
act where it had been found, that is,
with the states and ,ne agencies Gre
ated by the states to deal with that
subject ...s.-,
Exercised Rightful Authority
Il Under the established principles
governing state action, Minnesota did not
prescribing the rates here involved, as
suming them to be reasonable intrastate
rates. 1t exercised an authority appro-
pirate to its territorial jurisdiction and
not opposed to any action thus far taken
by congress-.
3. The interblending of operations in
the conduct of interstate and local busi-
ness by interstate carriers, and the ext
gencies that are said to arise with re-
spect to the maintenance of interstate
rates by reason of their relation to intra-
state rates, are considerations for the
practical judgment of congress. If the
situation has become such that adequate
regulation of interstate rates cannot be
maintained without imposing require.
ments with respect to such intrastate
rates, it is for congress to determine,
within the limits of its constitutional au-
thority over interstate commerce and it's
Instruments the measure of the regula-
ton it should supply.
1T Is the function Of the court to in
terpret and apply the law already en-
acted, but not, under the guise of con-
struction, to provide more comprehen-
sive scheme of regulation than congress
has decided upon. Nor in the absence of
federal action, may effect be denied to
the laws of the state enacted within
the field which it is entitled to occupy
until it's authority is limited through the
exertion by congress of its paramount
constitutional power.
80. On the issue of confiscation: The
rate making power is a legislative power
and necessarily implies a range OF leg
islative discretion. The court does not
sit as board of review to substitute
its Judgment for that of the legislator, or
of the commission fully constituted by
it. as to matters within the province Of
either
1.-The question is whether in prescribing
a general schedule of rates involving the
Of the intrastato opera.