The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1913-06-13

state commerce and its instruments
torial jurisdiction of the state it 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
be restricted it must be by virtue of
the actual exercise of federal control
and not by, reason merely of dor
| mant federal power, that is one which
has not been exerted.
IS. Congress in an act to regulate
commerce expressly provided that the
tend to transportation wholly within
one state Having regard to the terms
of the federal statute, the familiar
range of state action at the time it
was enacted, exercise of state authori-
| ty in the same manner and the same
extent after its enactment and the de-
ciSionS of this court recognizing and
UNFOLDING this authority, the court
| finds no foundation for the proposition
that the act to regulate commerce con-
templated an interference with the
authority of the state to prescribe rea-
sonable rates for the exclusively inter-
| nal traffic throughout the extent of its
| nor by it's amendment has congress
sought to establish a unified control
over interstate and intraState rates;
it has not set up standard for intra-
the federal commission to prescribe
either maximum or minimum rates for
lntrdStaIe IfdIlC. Inc nx1ng OF rca-
sonable rates for intrastate transpor-
| tation 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 that subject.
Didn't OversfeP Authority.
~. Under the established principles
governing state acton. Minnesota did
| not transcend the limits of it's author
| ity in prescribing rsle rates here in
volved. assuming them to be reasona-
BILE intrastate rates. 1t exercised an
n,,Th nrit a n fnr for iaI
jurisdiction and not opposed to any ac-
ton thus far taken by congress.
IS. The inter-blending 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 the situation has become such that
adequate regulation of interstate rates
| cannot be maintained without impos-
| ing requirements with respect to such
| intrastate rates of interstate carriers
as substantially affect interstate rates,
| 1t is for congress to determine within
| the limits of it's constitutional author
| ity over interstate commerce and its
| instruments, the measure of the regu-
| lation it should supply. 1t is the func-
| ton of the court to interpret and APP
| ply the law already enacted, but not,
| vide a more comparatice 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 enacted within the field
which it is entitled to occupy until
it's authority is limited through the
eXertion by congress of its paramount
constitutional power.
On Rate Making Power.
80. On the issue of confiscation: the
/ rate making power is Legislative
power and necessarily implies range
| of legislative discretion. The court
does not sit as board of review to
| legislature or of the commission law
fully constituted by it, as to matters
within the province of either.
| The question is whether in pre-
scribing a general schedule of rates
involving the profitableness of the in
| trastate operations of the carrier, tax
seeded the constitutional limit by MAX
| ing the rates confiscatory. The prop
| erty of the railroad corporation has
been devoted to public use. But the
| state has not seen fit to undertake the
| service itself and the private property
embarked in it is not placed at the
secure under the constitutional protec-
| tion which extends not merely to the
title, but to the right to receive just
compensation for the services given to
10. In the cases of the Northern
Pacific and Great Northern companies:
value and methods of apportionment, it
| is concluded that the proof is INSULT
cient to justify finding that the rates
were confiscatory: and the DEGREES are
reversed with instructions to dismiss
| the bill in each case without prejudice.
I'll. In the case of the Minneapolis
/ and st. Louis Railroad company it is
| found in view of the special facts ap-
| pearing that the margin of error in
| the estimates and calculations was not
| sufficient to affect the result. The de-
| cree in that case, adjudging the rates
| to be confiscatory, is therefore affirm
| ed with the modification that the mem
| bers of the railroad and warehouse
| commission and the attorney general
! of the state may apply to the court
| by bill or otherwise as they may be
| advised to a further order or decree
whenever it shall appear that by rea-
| son of change in circumstances the
| rates fixed by the states act and or
ders are sufficient to yield to this
| company reasonable compensation for
| the services rendered"
/