The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1913-06-10
U. S. SUPREME
(continusd from first Pass.)

TO exclude the States from imposing
them- He reached the conclusion that
this was q well-known held In which
the States could exercise their author
ity until Congress had seen 1T TO reg
uiate the field exclusively. Finally.
he arrived at the conclusion that Con-
Erefs, In all its rate-msking lcgisla-
ton. had expressly provided thnt the
regulation should not extend 10 trans
portauon wholly within a state.
Reviewed Decisions.
Justice Hughes reviewed decisions
OF the court from It's very foundation.
Our system Of government Is n prac-
teal adjustment. by which the ma
uonal authority as conferred by the
constitution is maintained in It's full
scope without unnecessary loss OF To-
cal emeiency. Where the subject Is
pecufarily one OF local concern and
by Its nature belongs TO the ones
which the state appropriately deals
IN making reasonable provision for
local needs. II cannot be regarded IA
LEFT TO the unrestrained will OF indi
viausis because congress- has not
acted, although II may have such n
relation 10 Interstate commerDe as
10 De within the reach ~ the federal
power In such cases congress must
be the Judge OF the necessity OF fed
eral action. Its paramount authority
~ tbaoirc u W intervene dt lIS
discretion for the complete and 81.
fectfve government OF that which has
been committed TO its care, and, for
this purpose and to this extent, in
response TO conviction Of national
need 10 displace local laws by sub
shutting laws OF its own"
Among the laws was the state 3
may pass indirectly affecting inter
state commerce were mentioned state
inspection laws, state employers liabil-
ity laws and quarantine regulations.
He said that state rate making was
10 be classified with these.
Could Build Highways.
1t has never been doubted" said
he, that the state could, II ~ saw
Mt, build It's own highways. canals
and railroads. II could build railroad $
traversing the entire state and thus
join its border cities and commercial
centers by new highways OF internal
1ntercourses TO he always available on
reasonable terms Such provision for
local traffic might indeed alter rela
tive advantages IN competition. and
by virtue of economic forces. those
. engaged In interstate trade and trans
portation might md II necessary tr
make re-adJustments extending from
market TO market through wide
sphere or influence. but such action
~ Aht NbdA~ NOulU not lor tnaf reason
be regarded ~ creating a direct re-
straint upon Interstate commerce and
as thus transcending the state power
similarly. the authority az the state
70 prescribe What shall be- reasonable
cnarses or common carriers for intra
state transportation. unless il be- lin
tied by the eXertion of the cnnstitu
uohaI power OF congress is statewide
Restricted by Congress
III this authority OF the state be
restricted. IL must be by virtue .of the
paramount power Of congress owe,
Interstate commerce and its instr,I
ment. and in view Of the nature q,
the subject. a limitation NAV not he
implied because of "A dormant federaI
power. that IS. one which has not beer
eNerted. but can only he found in IN.
actual exercise of federal control In
such measure as 10 exclude This action
by the state which otherwise vouIt
clearly be within It's province"
IN taking ur ne c1nhscatnr, phss.
% inc controversy Justice HUGHES nrst
considered whether the rates w.ra con
nscat"ry as arpbed to to Northern g..
cine. lie said this would turn yr nr
what Was the "fa,r value Of IN. raj
road property. lie tested it. Inv..
courts the"ry "f arriving - "a fair va ft.,
~ mining THE reprod.irtion ,n>t no,
ny ascertaininK how trI- o. cor, Woke,
on we value ~ the railroads lands "a.
t"ciareq fNtf tie lower court VA ,
tFr"f ~ adding 500 PEI cent To fE. nor
'i't Ne4-r "i fh- .au4 ~ me Instance