Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-06-10

Minnesota won Il substantial victory
IN the supreme court today. when in
the Minnesota state rate case, Judge
Hughes for the court held that the
rate OF the Minneapolis & st. Louis
railroad were confiscatory and uncon-
stitutionally; but that the rates OF
the Northern Pacific and Great North
ern We're valid.
| Justice Hughes said:
L The constitution gives Congress
an authority at all times adequate L
secure the freedom of interstate CON.
mercial intercourse from state contro
land to provide effective regulation O
that intercourse as the national inter.
est may demand.
y The commerce that is confined
within one state and does not affect
other states, is reserved to the state
This reservation is only of tina, power
which is consistent with the grant Il
Congress. The authority of Congress.
extends to every part of interstate
commerce and to every Instrumental
ty or agency by which it is CARRIE
on; and the full control by Congress
over the subjects committed to it.
regulation is not to be denied or
tlWarted by the commingling of in
terstate and intrasta.e operations
3 Even without action by Con-
sress, the commerce clause of the con
stltutlon necessarily excludes tn
states from direct control subjects
embraced within the clause which are
OF such nature, that if regulated a
all their regulation should be pre-
seribed by a single authority There
thus secured the essential immunits
OF interstate intercourse from the i'm
| position by the states of direct bur
| dens and restraints
but there remains to the states
the exercise of the power appropriate
| To their territorial jurisdiction in mas
| IDG suitable provision for local needs
| The state may provide local improve
| rnents, create and regulate local facil-
| ities, and adopt protective measures
| OF reasonable character in the inter
| est OF the health, safety. morals an
| welfare Of its people. although infs,
state commerce may incidentally or in
| directly be involved. Where matters
| falling within the state power, as above
described are also by reason of theil
relation TO Interstate commerce within
| the reach of the federal power. Con.
| eress must be the judge of the neces-
authority of Congress enables it to in
torvene at its discretion for the com
plete and effective government of tina
nj which has been committed to its
! care and for this purpose and to this
! extent, in response to a conviction OF
! national reed to displace local laws by
/ substituting laws of its own.
5-Stafe regulation of railroad rates
4 began with railroad fr9uSnarfa fiop
The authority of the state to prescribe
what shall be reasonable charges foi
/ intra- state transportation is statewide
unless ii be limited by the exertion of
/ the constitutional power of Congress
| with respect to interstate commerce
! and its instruments. AS a power APP
rropriate to the territorial jurisdiction
OF the state it is not confined to a part
| of the state, but extends throughout
the state, To its cities. adjacent To ita
boundaries as well as to those in the
interior of the state.
IF this authority of the state be re-
stricted il must be by yirture of the
actual exercise of federal control ana
! not by reason merely of a dormant
federal power that is one which has
rot been eXerted.
"6-Congress in an ada To regulate
commerce expressly provided that the
provisions of the act should not ex-
tend to transportation Wholly within
one state Having regard to tht
terms of the federal statutes the fa-
miliar range of state action at tn,
/ time it was enacted, the continued
exercise of state authority in the
! same manner aud to the same extent
after its enactment, and the decisions
of this court recognizing and uphold
I ing this authority the courts finds nc
foundation for the preparation that the
act to regulate commerce contemplate
ed interference with the authority of
the state to prescribe reasonable rates
for the exclusively internal traffic
throughout the extent of its territory.
Neither by the original act nor by its
amendment, has Congress sought to
establish unified control over inter
state and intrastate rates; it has not
set up standard for that interstate
rates or prescribed or authorized the
federal commission to prescribe, eth
er maximum or minimum rates for
ntra state traffic. The fixing of rea>
senable rates for interstate transport
tation was left by the act where it had
been, 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
volved, assuming them to be reason
able intra state rates. 1t exercised an
authority appropriate to its territorial
jurisdiction and not opposed to any
action thus far taken by Congress
/ .S-The inter- blending of operations In
the conduct of interstate and local brsi-
ness by interstate carriers, and the ext
gencies that are said to arise with respect
To the maintenance of Interstate rates by