The Washington herald., 1913-08-17
STATES rights
UP Once MORE
Recent Discussions IN Rate
Cases Brings Question
to Front Again.
HISTORY REPEATS ITSELF


II iS an ancient Sdylne, dlstOty re-
peats itself" History seems to be doing
this very eagerly as far as one PROPOSE
ton. which has figured conspicuously in
the chronicles Of time. is concerned.
1t is the vexed question of States
rights. Something over half a century
ago members Of Congress from every
State discussed this issue in a spirited
manner. certain members going so far as
to attempt violence on the floors Of the
Houses OF Congress.
The question of States rights brought
on the American civil war. But IL IL not
considered unlikely that any discussion
Of the question now would bring about
another conflict
Recently the Supreme Court OF the
United States handed down decisions in
the Minnesota and other rate cases in
which the States won victories. The
court held that the several States, as
such, are endowed by the Constitution
with certain inalienable rights. The
States Legislatures had prescribed rates
to which railroads should conform in
doing business within the State. Certain
railroads declared that these rates were
too low and disregarded them. Then
suits were brought and the cases from
the different States rolled up an issue Of
tremendous importance.
The Old Question Again.
1t was simply the old question Of
States rights. The railroads contended
that they should not be subjected to the
rates of the several States in addition
to being forced to conform TO the general
rates prescribed by the Interstate Com
merce Commission for interstate traffic.
The Supreme Court held that the sover-
eisn rights Of the several States must
not be impeached in such a manner, and
that each State has a right to prescribe
such railroad rates as it desires, so long
as 1t does not make the rate confsca-
tory-that Is. so low that the railroads
would be forced to operate without any
profit at all. or perhaps at loss. This
latter situation would be unconstitutional.
This decision is of especial Importance
in that 1t exerts a check on the accelerat-
ing tendency toward a greater concen-
tration of national affairs. Ever since
the civil war the idea of Legislators has
been to cement the States more and
more closely together. making the
United States unit. rather than an alli-
ance Of separate States. Whether or not
this concentration has reached climax
and will now drift back so far that the
issue of States rights may become keen
on some narrow question which touches
the very heart of the people. Is one of
the deepest problems of the Tins.
Asserting Their Rights.
But there is no escape from the real
ization that more and more the States
are asserting their sovereign rights The
States have many rights, but they have
not the right to secede. But with all
the weight of their constitutional rights
in hand. it is not impossible for them to
throw that weight against the bond
which holds them. and snap il like a
silken strand. South Carolina expe-
rienced little difficulty in doing so. Nor
did the other States of the Southern
Ccnfederacy find IL hard to secede. They
only found it hard TO remain in seces-
sion.
OF course. the Constitution is not worth
the paper upon which il is written as
soon as the people elect to make il
worthless. Constitutional lawyers could
stand up all day and argue about the
unconstitutionality of secession of the
States and that would have no effect
on the people whatsoever IL the people
want to seceda.
Another issue upon which this ques-
ton of States rights reflects is the pure
food and drugs act Under the terms Gf
this law, the Department of Agriculture
has the right of seizure of impure goods,
when such goods are transported in ia
terstate commerce, but not when tnay
fail to cross State lines Unless State
fas pure food laws, - spurious article
could be made and marketed within IT,.
State, and the geneSal government coUl1
not gainsay the right of the product
Nor do manufa cturers who do business
wholly within a State have to conform
TO the regulations as to misbTanding.
DR.. AlsbcrE Handicapped.
DIR. Carl s. Alsberg. chief of the Bt-
reau of Chemistry of the Department. nt
\ Agriculture. in an address at M"hiie.
Ala, recently. pointed out this seriors.
hut. perhaps. irremediable, defect in the
pure food and drug act. He declare1
himself and his bureau to be pitifully
by the arrogance OF States
rights. Letters of complaint have beer
received by the Department. of Agr!cul-
ture from all parts of the country PRO
testing against the misbranding of Al
ticles Some foods and medicines. which
not only are inferior, but actually are
poisonous. have been complained of. as
being branded and labeled guaranteed
under the pure food and drugs act"
DR.. Alsbers evidently knows that the
general government cannot exert unive--
sal jurisdiction of this sort. for he sLg-
gests a milder remedy. compliance with
which would be purely optional with
the several States He advocates the
holding of periodic conferences ei
between State and Federal
food officials and the working toward
uniform system.