Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-06-12
United States Supreme Court An
nounces Decision in Case of Rail-
roads within Limits of Minnesota.
LAYS DOWN FAR-REACHlNG
PRINCIPLE OF VALUATION
Holds Maximum Freight and TWo-Cent Passen-
ger Fare Law Would Confiscate Property of
One Road-Reverses Like Ruling Of
Lower Court Regarding Others

paramount authority always enables it to
intervene at it's discretion for the com
plete and effective government of that
which has been committed to it's care
and for this purpose and to this extent .
in response to n conviction of national ,
need, to dlsplacc local laws by substi- |
| tutng laws Of it's own"
| Among the laws which the States may |
pass Indirectly affecting interstate com
MERGE were mentioned State inspection
laws, state employers liability laws and
quarantine regulations He said that
State rate making was to be classified
with these.
at has never been doubtcd,' said h.
that the State could, # it saw fit. build
I its own highways, canals and railroads.
1t could build railroads travcrsing the
entire State and thus Join its border
cities and commercial centers by new
highways of internal intercourse to b.
always available upon reasonable terms
Such provision for local traffic nigh;
indeed alter relative advantages in COM
petition. and by virtue of economic
forces, those engaged in interstate trade
and transportation might find it neccs
sary to make establishments extending
from market to market through wide
sphere Of influence; but such action ~
the State would not, for that reason. he
rega rded as creating n direct restraint
upon Interstate commences as thus
ltranscondinc the Stat, power
IT'S AUTHORITY STATEWIDE.
similarly the "u'n"','S VI 800
TO prescribe what ShaI4 Ne Is"9'''u"''
charges of common carriers ioi "''ei
tod
state transportation unless It o. H'"'''"
by the eNcrton OF the cohsulu'lol'' p'm
Ter of Congress, il statewide. 10
say that this power exists put thd- II
may be exercised only IN pres'rioi
rates that are on an equai OF ''s"e'
man '1o ,.a,s,,ortotion is 70 main
~! 80. t., ,,,-,,, ,,.bu, downing #
."'i. T., =. ,.s,,, ,bat the excrci. 20
~ ,e.,lla.i,., judgement in dotermin-
Va la,, y, tho cor,iers, charge for
7 ,.sa.a.o so,.,.;co &c itself subject
.,,,,. viii
~ Wv .,,t1 ato+o ,,.ido authority con-
'Ut N'l' ,, i not contro11ed
t'o'H t'' ,, .,a. +ha maven OF
i pE ~ "''' ,,ooeo,o,lo rates for
. the 9t"'' ~ 80, ~ ,t.i.ol l,. tho
us l"''' '."- 49,, ao.,,o,. T., 1av,pc
e mere "''i'i' VI '''. ,a,. ,,,.o,,, Tho
= '''
e state porder Is 4"re'1" ~ 'u' ''''N
n prudence 49,
= IF this authority OF ''e $40 t,o
= strlcteo' II must pe W -. -,
n paramount power ol |ons go
= terstate colhinerc anu Us ." -
s and III view VI INV ,.,iad
t Ject Il'ill'atioh may iro' ,,.o,.
= VI ,,,0, 49,, 80 ,,oo,, oxar+
tiltNi 10 'i'' "'''S'' ''
n gu pu' ''" o"'S " 49,, Il, erch
= eAe'o ieo u a,,,1o ttis action NV
- 90 t,o,,,iao wound
d nc 7'a-e NY ,,,,,
'ie'ii' 10 "'l'.''. -
e TAXES " ooNf lHNA UNI ii]N''1-'
10 In taking up the confiscatory phase
I, of the controversy, Justice Hughes
= first considered whether the rates were
q confiscatory as applied to the North
ern Pacific. He said this would turn
!, upon what was the fair value OF the
IA railroads property. He tested the low
N er courts theory Of arriving at fair
# value by finding the reproduction
Va cost new" by ascertaining how this
theory worked on the value OF the
railroads lands. He declared that the
lowe: court was in error In adding 81
&c per cent. to the normal value or ths
40 lana IN sofAe -hs'a'c"s anu wv" NJ"
dred per cent at inc DIX terminal y
c ia hGr!Vlns NJ whaI rhe court consul
20 cred the cost OF reproducing its prop
u rty'
- IT Is manifest t%at an at'cHpl |" Net
InNte what would pa the actua' cos"
IA acquiring the rlsht ol way tue rum o"'
- were io' uiere' ~ u ''''D'e" ~ "F''
uIhtioi g.,
ne .o@'o ,r'- 49, 1850 a,,,
soivi'o al "'0.' VIA IS NV ~ -.
- Vi ."o pam. VIM - 10 i'N' -pp, ~,
N ahu ""e" INC e0F'' VI 'op' ~,
Az" 'e 49, -
"N0 V" -. -. a.
JUSTLY '"o ae0ef'n"e' y.
~. pon' ppm - 80 49,. a., .-.uroa
,s ,,,, -, ol,,,n,a., q,
- 49, 80, Co.. &C., Io,,da am,
ra,n o,,.r, ~, ,rorLo, ya,ua ~ siu
- uo- irn.s g., +ns ,,,cip,t,, 1v,tbout add
.o,. h,, on, rse a, rnu,t,nliers or othe,
Ala vise to cover hypothecal OUTLAWS.