The Washington times., 1913-06-11
RAILROADS WIN IN
DECISION, SAYS TAFT
Former President Says That
Broad Declaration Merely
Points Out Way.

NEW YORK, June 11.-Former Pres
ident William H. Taft commenting
on the Minnesota railroad rate deci-
sion, finds the action in ultimate effect
to be a victory for the railroads. The
court while vindicating the position
taken by the State, nevertheless
points the way for the establishment
of a superior Federal authority.
Mr.. Taft says that the only recourse
Of interstate railroads that chafe un-
der State supervision is to Congress,
which under this decision has the
power to make uniform laws to be
effective, even within the borders of
the States themselves.
Here is what Mr.. Taft wrote:
'I hesitate to give the effect of the
decision of the Supreme Court in the
Minnesota rate case, because 1 have
not had an opportunity to read the
briefs 70 counsel or the opinion of
Mr. Justice Hughes in full. But
think may safely say that one OF the
main issues was this: Whether or not
with the present Federal instrument
talities given by statute for regulat-
ing interstate commerce in the inter-
state commerce act and the jurisdic-
ton of the Federal courts remedy
was afforded to the railroads engaged
In interstate commerce to prevent
state railroad commission from en-
frocing an order In respect 70 tne
railroads. rates of transportation
business within the state whle9 9
necessity affected the rates legally
chargeable by it for interstate busi-
ness -.
Congress Has Power.
1.-THE court holds that Congress has
complete power to control interstate
commerce and to regulate it, and that
this necessarily includes the power to
regulate such business within state
lines as affects indirectly interstate
business.
Rress acts in respect to such business
within the State it must be left to the
action of the State. 1t further holds
that the present interstate commerce
act does not cover or seek to regulate
such State business by its terms and
that in no other statute has congress
declared its intention to take over con-
troll Of this class OF state business; SINE ao
themselves prejudicially affected by the
State regulation of State business can
find no redy for their complaint in the
interstate commerce act or in any judi
cial proceeding based upon that act
To this extent the issue is decided
against the railroads.
Broad Declaration.
But the judgment of the court is
broad declaration in favor of the plen-
ary power of Congress to vest the In
terstate Commerce Commission and the
Federal courts, or some other eppro-
pirate instrumentality, with the author
ity to regulate and restrict such Inn
proper or prejudicial interference with
interstate commerce as the fixing by a
state railroad. commission of merely
State rates may involve.
"Of course, there were IN the case
other issues as to whether the rates
fixed by the State commission were
confiscatory of the railroad property,
but they did not rest on the interstate
commerce clause of the Constitution,
but on the Fourteenth Amendment. as
to due process of law, and do not
discuss them
"The result of the main issue is a
great victory in principle for the ma
tional control of Interstate commerce
and the possession by Congress of the
right to use every appropriate means
to render that control effective and
uniform, even where the means may
include an investigation and restric-
tin under Congressional authority of
State fixed rates on State business"