The Washington herald., 1913-06-10

be prescribed by a simple authority.
There is thus secured the essential I'M
munity of interstate intercourse from
the imposition by the States OF direct
burdens and restraints
" II has repeatedly been declared by this
court" said Justice Hughes, that as
u TO those subjects which require gen
eral system or uniformity OF regulation
!. the power of Congress is exclusive. In
other matters admitting of diversity Of
treatment according to the special re-
quirements of local conditions, the States
may act within their respective turts-
dicitions until Congress sees fit to act;
and, when Congress does act, the eX-
stercise of its authority overrides all con-
ficting State legislation
The principle which determines this
classification underlies the doctrine that
the States cannot under any guise i'm
-- pose direct burdens upon interstate COM
g lnerce. For this is but to hold that the
States are not permitted directly to reg
ulate or restrain that which from its
nature should be under the control of
the one authority and be free from re-
striction, save as it is governed in the
manner that the National Legislature
constitutionally ordains."
States Jurisdiction.
But the court holds as its fourth point
that there remains TO the States the
exercise of the power appropriate to their
Territ' Il jurisdiction in making suit
able provisions for local needs. Justice
hughes. in his opinion, said:
1T extends to those matters of q local
nature as to which IL is impossible TO
derive from the constitutional grant an
intention that they should go uncon-
trolled pending Federal intervention.
Thus, there are certain subjects having
= the most obvious and direct relation to
Interstate which nevertheless
with the acquiescence of Congress, have
been controlled by State legislation from
the foundation of the government be-
cause of the necessity that they should
not remain unregulated. and that their
regulation should be adapted to varying
local eXigencies: hence. the absence of
regulation by Congress in such matters
has not imported that there should be
MO restriction. but rather that the States
should continue to supply the needed
rules until Congress should decide to su-
preside them. Further. 1t is competent
for a State to govern its internal COM
merce, to provide local improvements, TO
create and regulate local facilities, to
adopt protective measures of a reason
able character in the interest of the
health. safety, morals. and welfare of
its people although interstate commerce
may incidentally or indirectly be in
vOlved.
OuT ~ stem OF government Is n pTdC-
teal adjustment by which the national
authority as conferred by the Constitu-
tion is maintained in its full scope with
out unnecessary loss of local efficiency.
Where the subject is peculiarly one |
Of local concern, and from its nature be- |
longs TO the class with which the State |
appropriately deals in making reasonable |
provision for local needs. it cannot be |
regarded as left to the unrestrained will |
Of individuals because Congress has not |
acted. although il NAV have such a rela- |
ton to interstate commerce to be |
within the reach of the Federal power.
Congress Must Judge.
In such case. Congress must be the
judge of the necessity of Federal action.
Its paramount authority always enables
il to intervene al its discretion for the
complete and effective government of
that which has been committed to it's
care. and. for this purpose and to this
extent. in response to a conviction of
national needs, to displace local laws by
substituting laws of its own The sue
cessful working of our constitutional
system has thus been made possible.
Congress May Act.
And. wherever as to such matters
under these established principles. said
Justice Hughes. Congress may he en-
titled to act by virtue of its power to
secure the complete government of in
terstate commerce. the State power,
nevertheless. continues until Congress
does act and by its valid interposition
limits the exercise of the local au-
thority."
The court holds that the principles out
lined above apply to the authority of the
State to prescribe reasonable rates for
intrastate commerce.
state regulation of railroad rates"
.
transportation. The authority of the
State to prescribe what shall be reason I
able charges for intrastate transporta-
ton is Statewide unless it be limited
by the exertion of constitutional power '
of Congress with respect to interstate ,
commerce and its Instruments.
State Authority Never Doubted.
The extension of railroad facilities" ;
said the court, has been accompanied I
at every step by the assertion of this !
authority on the part of the States and .
its invariable recognition by this court. ,
1T has never been doubted that the 5
State could, If il saw fit, build its own :
highways. canals, and railroads.
1t could build railroads traversing the :
entire State and thus join its border }
cities and commercial centers by new !
highways Of internal intercourse, to be {
always available upon reasonable terms :
Such provision for local traffic might :
indeed alter relative advantages in COM :
petition. and. by virtue of economic :
forces, those engaged in interstate trade :
and transportation might find it neces- i
sary TO make establishments extending ;
from market to market through a wide J
sphere of influence: but such action of h
the State would not for that reason be
creating a direct restraint =
upon interstate commerce. and as thus =
transcending the State power.
Limited by Constitutional Power. a
Similarly, the authority of the State
to prescribe what shall be reasonable
charges of common carriers for intra- G
state transportation, unless it be limit v
ed by the eNertion of the constitutional b
power of Congress. is Statewide As
power appropriate to the territorial fur-
isdiction of the State. it is not con-
fined to part of the State. but OK Al
lends through the State-to its cities ad- b,
iacent to its boundaries as well as IN OF
those in the interior of the State To pl
say that this power exists, but that II v;
may be exercised only in prescribing n
rates that are on an equal or higher ~
basis than those that are fixed nv tho | -
,arrier for interstate Transportation is -
10 maintain the power in name while de- y.
lying il in fact. 1t is to assert that a.
he exercise of the legislative Judgment .. "
n determining what shall be the car !
-ier's charge for the intra-state service IN
$ itself subject to the carriers will IN
But this Statewide authority controls CT
no carrier and is NOT Centralized b.. ~. | tie