The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-06-10

to Congress. The authority OF Con
gress extends 10 every part OF Inter
state commerce and to every instru-
mentality or agency by which it is
carried on; and the full control by
Congress over the SUBJECTS committed
TO It's regulation IS not TO be denied
or thwarted by the comm!ngling of
Interstate and :ntrastate operations.
"3 Oven without action by Congress.
the commerce clause OF the Constitu-
ton necessarily excludes the States
from direct control OF subjects EN-
braced within the clause which are OF
such nature, that, If regulated AZ all,
their regulation should be prescribed
by a single authority. There lis thus
secured the essential immunity OF in
terstate intercourse from the mposi-
ton by the States of direct burdens
and restraints.
"a. But there remains to the states
the exercise Of the power appropriate
to their territorial Jurisdiction in max
Ing suitable provision for local needs.
The State may provide improvements.
create and regulate local facilities and
adopt protective measures OF rea-
sonable character in the interest OF
the health, safety. morals and welfare
of It's people, although Interstate com
merce may incidentally or Indirectly
} be involved Who're matters falling
Within the state power. as above de-
scribed. are also hy reason OF their
relation 10 interstate commerce, with
In 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 en-
ables II to intervene at It's discretion
for c0>lplete and effective government
Of that which has been committed to
It's care, and for this purpose and to
his extent. in response TO A convic-
rion Of national need. TO displace local
laws by substituting laws OF it's own.
Authority I. Statewide.
"5. State regulation OF railroad rates
began with railroad transportation.
The authority or the state to prescribe
what shall be reasonable charges for
intrastate transportation IS STATE wide,
unless It he limited by the exertion OF
the constitutional power Of Congress
with respect TO Interstate commerce
and its instruments. Az power ap-
propriatc to the territorial jurisdic-
ton Of the State, it Is not confred to
part Of the State. but extends
throughout the State--to Its cities ad :
jacent 20 its boundaries as we'll as t.
those in The interior OF the State. II
this authority OF the state be reverted,
il must be by virtue o. the actual
exercise OF Federal control and not by
reason merely OF dormant Federal
power. that is. one which has not been
cXcrted
IS. Congress. in nm act to regulate
commerce. expressly provided that the
provisions or the act should not ex-
tend TO transportation wholly within
one State. The court finds no founda-
ton for the proposition that the act
i to regulate commerce contemplated in :
reference with the authority of the
| state to prescribe reasonable rates for
4 the exclusively internationa ira ffc
< throughout the extent OF Its territory
The fixing OF reasonable rates for in
trastate transportation was left by the
act where II has been found. that is
! with the States. and the agencies
created by the States to deal with that
subject.
-. Under the established principles
governing state action, Minnesota did
not transcend the limits of its author
ity in prescribing the rates here in
Nolved. assuming them to be reason
able interstate rates. II exercised an
authority appropriate To its territorial
jurisdiction and not opposed to any
action thus far taken by Congress
Matter for Congress to Consider
! IS. The interblendinE of operations
! in the conduct of interstate and local
, business by interstate carriers and the
! exigencies that are said TO arise with