The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-06-10
CENT FARE RATE
Continued From Page one.

Continued From Page one.
for the complete and effective govern
ment of that which has been commit
ted to it's care and for this purpose and
70 THIS extent, in response to a convic-
ton of national need to displace local
laws by substituting laws of it's own.
8. State regulation of railroad
rates began with railroad Transport
tat1on. The authority of the state
to prescribe what shall be reasonable
charges for intrastate transportation
is statewide unless it be limited by
the exertion of the constitutional
power OF congress with respect to in
terstate commerce and it's jurisdiction
or the state is not confined to a part
of the state, but extends throughout
the state-to it's cities adjacent to it's
boundaries as well as to those in the
interior of the state. If this authority
OF the state be restricted it must be by
virtue of the actual exercise of feder-
al control and not by reason merely
of a dormant federal power, that is one
which has not been eXerted.
&c. Congress in the act to regulate
commerce expressly provided that the
provisions of the act should not extend
to transportation wholly within one
state. Having regard to the terms of
the federal statute, the familiar range
or state action at the time it was
enacted, exercise of state authority in
the same manner and the same extent
after it's enactment, and the decisions
of this court recognizing and uphold
ing this authority, the court finds no
foundation for the proposition that the
act to regulate commerce contemplat-
ed interference with the authority of
the state to prescribe reasonable rates
for the exclusively internal rafic
throughout the extent of its territory.
Neither by the original act nor by
Its amendment has congress sought
to establish a unified control over in
terstate and intrastate rates: 1t has
rates or. prescribed or authorized the
federal commission to prescribe either
maximum or minimum rates for intra-
state traffic. The fixing of reasonable
rates for intrastate transportation was
left by the act where it had been
found, that is, with the states and the
agencies created by the states to deal
with hat subject.
/ Z. 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 intrastate rates. 1t exercised an
authority appropriate to it's territori-
al jurisdiction and not opposed to any
action thus far taken by congress-.
IS. The interblending of operations
in the conduct of, interstate and local
business by interstate carriers and the
.eXigencies that are said to arise with
respect to the maintenance of inter-
state rates by reason Of their relation
to intrastate rates are considerations
for the practical judgment of congress.
IF thu ei+,,of;no hoe Hho7nnao e111I, p 41,o4
adequate regulations of interstate
rates cannot be maintained without
imposing requirements with respect to
such intrastate rates, it is for congress
determine within the limits of it's
constitutional authority over inter
state commerce and its instruments,
the measure of the regulation it should
supply. It is the function of the court
to interpret and apply the law already
enacted, but not, under the guise of
construction, to provide a more COM
paratiVe scheme of regulation than
congress has decided upon. Nor in the
absence of federal action may affect
be denied to the laws of the state en-
acted within the field which it is n
titled to occupy until its authority Is
limited through the exertion by con-
gree of it's paramount constitutional.
power.
80. On the issue. of c~onfscation: The
rate making power is a legislative
power and necessarily implies a range
of legislative discretion. The court
does not sit as a board of review to
substitute its Judgment for that of the
legislature or of the commission law
fully constituted by it, as to matters
within the province of either.
1.-THE question is whether in pre-
scribing a general schedule of rates.
involving the profitableness of the n
trastate operations of the carrier. taxi
as a whole. the state has suppressed
ed the constitutional limit by making
the rates c~onfiscatory. The property
devoted to a public use. But the state
has not seen fit to undertake the serV-
ice itself and the private property en-
parked In it is not placed at the mercy
of legislative caprice. 1t rests secure
under the constitutional protection
which extends not merely to the title,
but to the right to receive just COM
public
"s10.-In the cases of the Northern
Pacific and Great Northern companies.
on the examination of estimates of
value and methods of superintendent,
it is concluded that the proof is insult
ficient to- justify a finding that the
rates We're confiscatory; and the de-
III GpS ~tAS5ISNCl6CNA FiLti =
dismiss the bill in each case without
prejudice.
a11. In the case of the Minneapolis
Est. Louis Railroad Co, 1T lis found in.
view of the special facts appearing
that the margin of error In the esti-
mates and calculations WAS not suffi-
.cient to affect the result. The decree
in that case, ~adjudging the rates to- be
oonfiscatorV, Is therefore affirmed with
the modification that the members of
the railroad and warehouse commits
sion and the attorney general of the
state may apply to the court, by bill
or otherwise as they ma be advised
for IA further order or decree whenever
1T shall appear that by eason of al
change in circumstances the rates fix
ed by the states act and orders are
sufficient to- yieldPto this company rea-
sonable compensation for the services
rendered
Brief Summarize of Cases.
One of the greatest cases ever tried
ia the history of the country. relative
IT'D transportation and the growth and
control of the transportation industry
n Minnesota rate case as 1T iE
commonly spoken of, raised Issues
never before brought UP. Properly the;
title the general issue lis the Min
5nesota rate cases there are TEN
cases In all Ia SO far asthe rate re-
d%uctions we're concerned the cases
55would have been important in them