The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1913-06-13
TWO CENT FARE
To BE RESUMED
IN A FEW DAYS
HOLDS MINNESOTA IN
HER LONG LEGAL
BATTLE.
RAILROADS MUST REFUND
MILLIONS AS CONSEQUENCE
Effect of Decision is AnaIyzed-Min-
neapoIis G. ST. Louis Vice
President Predicts Same Re-
auctions as Competitors
Mot Compulsory.

st. Paul-The 2-cent-a-mile pas
senger rate will be in operation again
on all Minnesota railroads in a few
days, as result of the United States
supreme court decision in the Min
nesota rate case, according to attor-
ney General Lyndon A. Smith.
Meanwhile, every purchaser of a
ticket on a railroad in Minnesota,
for transportation between points
within the state, will be given a re-
ceipt, if it is asked for, and will get
a refund when the 2-cent fare be-
comes operative.
Every holder of a receipt for pur-
chase price of a passenger ticket in
Minnesota, at any time after June /,
neapolis and st. Louis road, will be
able to collect the difference between
2 cents and cents mile by filing a
claim with the state railroad and
warehouse commission.
All shippers of merchandise who,
since June l, 1911, have paid the
rates demanded by the railroads in
Minnesota, and who have expense
bills, will be able to collect the diff
bills, will be able to collect the diff
the state commission and those act
ually collected by the railroads.
Shippers may also collect the diff
ference between commodity rates,
fixed by law and the rates actually
charged since June 1, 1907. The total
of such refunds is estimated at
$3,OOO,OOG
M. G. st. L. To Meet Rates.
Vice-President w. G. Bierd, of the
Minneapolis & ST. Louis, which was
accepted by the supreme court in the
clause finding the Minnesota made
rates not discriminatory, says that
while he has not yet had a. confer
ence with President Newman Erb, of
the road, who is in New York, the
Minneapolis & ST.. Louis from the
standpoint of service to Minneapolis
and Minneapolis territory will have
to go on parity with the other roads.
THE Minneapolis & ST. Louis road
will not be able, as l see the matter
now, to take advantage of the excep-
ton made where competitive roads
go on the lower basis Mr. Bierd
said, land while l would not wish
to speak authoritatively at this time,
| expect that we will be governed by
the same changes that will affect the
other carriers.
The decision of the supreme Court
follows:
Opinion of Justice Hughes.
Justice Hughes, who wrote the opln-
ion, SAID i'd constitution owes congress
to secure the freedom of interstate
commercial intercourse from the state
control and to provide effective regu-
lation of that intercourse as the ma
tional interest may demand.
-. The commerce that is confined
within one state and does not affect
This reservation is only of that pow
er which is consistent with the grant
of congress. The authority, of con-
Sress extends to every part of inter-
state commerce and to every instru-
mentality or agency by which it is car
ried on; ard the full control by con-
gress over the subjects committed to
its regulation is not to be denied or
thwarted by the commingling of in
terstate and intrastate operations.
''3. Even without action by con-
stitution necessarily excludes states
from direct control subjects embraced
within the clauses which are of such
nature that, if regulated at all, their
regulation should be prescribed by a
single authority. There is thus secur-
ed the essential immunity of intraState
Intercourse from the imposition 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 local improve
ments, create and regulate local facili-
ties and adopt protective measures OF
a reasonable character in the interest
of the health, safety, morals and well
commerce may incidentally or indi-
rectly be involved Where matters
falling within the state power as
above described are also by reason OF
their relation to interstate commerce
within the reach of the federal pow err
necessity of federal action and until
congress acts the states may act. The
paramount authority of congress en-
ables it to intervene at its discretion
ment of that which has been commit
ted to its care and for this purpose and
to this extent in response to a convic-
ton of national need to displace local
laws by substituting laws or it's own.
Power Over Whole state.
"5 State regulation of railroad
rates began with railroad Transports
ton. The authority of the state to
prescribe what shall be reasonable
charges for intrastate transportation
the exertion of the constitutional pow
er of congress with respect to inter