New-York tribune., 1919-06-03
reached if consideration be given the

states OIL tne property Wnlch IL was
authorized to take, the final obliga-
tions under which it came and all the
other duties and exactions which the
act imposed, contemplating one con-
troll, one administration, one power
for the accomplishment of the one
purpose, the complete possession by
governmental authority to replace for
the period provided the private owner
ship heretofore existing.
"This being true, it must follow that
there is no basis for the contention
that the power to make rates and en-
force them, which was plainly essen
tial to the authority given, was not
included in it.
Conclusive as are these differences,
they are superfluous, since the portion
of section ten in express terms con-
fers the complete and undivided powers
to fix rates"
"A brief consideration Of the con-
tentions relied upon to the contrary"
the opinion added, will at once show
the mistaken premises upon which they
rest.
| Besides, the presumption in ques-
tion but denied the power exerted in
placed by an imaginary hypothesis the
dominant presumption which arose by
operation of the Constitution as an in
evitable effect of the adoption of the
statute, as shown by the following:
"(A)-The complete and undivided
character of the war power of the
United States is not disputable. On
the face of the statues it is manifest
that they were in terms based upon
| the war power, since the authority
they gave arose only because of the
existence of war, and the right to
exert such authority was to cease upon
the wars termination. To interpret,
therefore, the exercise of the power
by a presumption Of the continuance
Of state of power limiting and con-
trolling the national authority was
but to deny its existence.
L. S. Authority Supreme
"Eighth-The elementary principle
that under the constitution the author
ity of the government Of the United
States is paramount when exerted as to
subjects concerning which it has the
power to CONTROL is indisputable, this
being true, it results that although
authority to regulate within given
sphere may exist in both the United
States and in the states, when the
former calls into play constitutional
authority within such general sphere
the necessary effect Of doing so is, that
to the extent that any conflict arises
the state power is limited, since in case
of conflict that which is paramount
| ~ lv role thot i~1, N
ordine te.
again, as the power which was cx-
erted was supreme, to interpret it upon
the basis that its exercise must be pre-
sumed to be limited was to deny the
power itself.
Power to Interstate Commission
"Thus, while admitting that the
power which was conferred to initiate
rates, when considered in and of itself
included all rates, it is nevertheless
said that such power must be pre-
sumed to be limited to the only char
acter of rates which under the prior
law the Interstate Commerce Commits
sion had the power to consider; that
is, interstate rates, because the new
rates when initiated were to be acted
upon Dy tnat DOQy.
"As, however, the statute in terms
gives power to the Interstate Com
mercc Commission to consider the new
4 rates in the light of the new and uni
fed control which it creates, the error
in the contention becomes manifest,
even putting out of view the fact that
by the effect of the duty imposed and
the new control created the new rates
applying to the new conditions were
within the purview of the power which
the Interstate Commerce Commission
previously possessed.
"Thc relief afforded against the
officer of the United States proceeded
upon the basis that he was exerting
a power not conferred by the statute,
to the detriment of the rights and
duties of the state authority, and was
subject therefore to be restrained by
the state power within the limits of
the statute. Upon the premise upon
which it rests-that is, the unlawful
acts of the officers the proposition is
undoubted but in view of our conclu-
sion that the acts of the officers COM
planned of were authorized by the law
of the United States"
Decision on Wires
THAT under its war power" Chief
Justice White said in deciding the wire
cases, "Congress possessed the right
to confer upon the President the au-
thority which it gave him, we think
needs nothing here but statement as
we have disposed of that subject in
the North Dakota railroad rate case.
And the completeness of the war
power under which the authority was
cxcrted and by which completeness
it's exercise is to be tested suffices, we
think, to dispose of the many other
contentious urged as to the want of
power in Congress to confer upon the
President the authority which it gave
him.
"The proposition that the President
in exercising the power exceeded the
authority given him is based upon two
considerations. First, because there
was nothing in the condition at the
time the power was exercised, which
justified the calling into play Of the
authority; indeed, the contention goes
further and assails the motives which
it is asserted induced the exercise
Of the power. But as the contention
l AT hast COncprDc not uop4 &c ,or,or