The Taney County republican. (Forsyth, Mo.) 1895-1992, 1914-07-02
Constructive Jurisprudence

OF the United States in the Inter
Mountain, or what has come 10 be bet
ter known as ''ihe Spokane case
rests upon a very clear definition ol
the power Of Congress for the reg
ulation oil interstate railway commerce.
The question turned upon the power
OF the Interstate Commerce Commiss-
ion, acting under an amendment to
the interstate commerce law, to forbid
railway discrimination in favor Of the
longer as against the shorter haul.
Holding that the right Of such dis
elimination was originally conferred by
act Of Congress, the court holds further
that the power capable OF conteuing
such a discretion is capable Of with
drawing it, and that, as Congress has,
in fact, exercised this power in the
1910 amendment to the Hepburn law,
its exercise was constitutional, and the
Interstate Commerce Commission can
not exceed its powers in wiping out
the arbitrary diferentialS in rates be-
tween interior Pacific Coast points and
seaboard points on that coast.
The Inter Mountain cases were
brought into litigation through pro-
test Of a number Of railway corpor-
ations against orders Of the commission
prohibiting the collection OF higher
rates on Eastern freightS consigned to
interior Pacific Coast points than on
such ireights billed through to Pacific
seaboard points, or similar discrimina-
tions in favor OF seaboard points as
against interior points on east-bound
freights. The question, at bottom,
was the old one OF through and local
rates in the carrying Of freight. The
court, in the brief statement Of its
opinion now at hand, seems to 60 no
farther than assertion Of the censtitut-
ionality of the law. and the power oI
the commission TO enforce it in the
ways it had undertaken TO enforce it
before the railway suit was brought.
We have not found reported any dis
cussion Of the reasonableness or un-
reasonableness Of the comparative
rates. The decision Is Of the power ol
Congress and Of the commission.
It's influence will, or should be,
widely felt in the work Of the COM
mission in future adjustments OF local
rates to through rates, and the relative
commercial rights Of intermediate and
terminal points. The railway power
to discriminate having often been
shown to be power 10 destroy, not
only individuals, but communities Of in
dividuals, the power now securely
placed in the hands Of the Interstate
Commerce Commission is one which
can be used benefcentlY toward nor
NAL and even development Of iDdustri
al growth. 1t can be, and should be,
used for assistance in solution OF the
problem Of undue concentrations o.
industrial population, We can find in
the decisoion a promise Of wide
spread benefits to be realized from
the opening Of the Panama Cana
than would have been possible
without such a clear affirmation
OF the power OF government ii
the vital work Of distribution o
energy and product. Not only OF
the Pacific Coast. but on the Atlantic
and the Gulf coasts, the impulse vii
l.
be felt. Had the Mississippi Rive
been improved TO the point OF large
participation in the profits Of the cana
investment, it would be felt at many
points in the Mississippi Valley, eithe
as water terminal and distributing
points or as points tributary TO these
Our highest court continues to b.
illuminating in the necessary work o
vast readjustments which the new in
dustrial age imposes. - Globe -Democra