The Bismarck tribune., 1919-03-29
Nonpartisan Jurist Declares
Federal Administration Should
Leave States Alone
WILSON EXCEEDED POWER
Asserts Congress Never Con-
ferred Authority to Interfere
With Intrastate Rates


that Uncle Sam is mduly interfering
with the police powers Of the state
| in attempting to fix ntrnState freight |
and passenger rates; that no military
emergency now exists making such in
reference necessary or warrantable.
and sums up with the statement that
1T is a well known fact that the rail
carriers have always charged excessive
rates and that they are fast amassing
! the wealth of the country"
by skill. prudence and economy, the /
director general might well have: re
duced the cost Of operating the rail
roads, and, indeed. when the federal
control bin was before congress. he was
| called ns witness and gave assurance
| that the result Of federal control would
be to reduce the eXponses-and such
was the insurance under which the
bill was passed However that may
he. now that the war has. ended, there
i is no longer any reason or excuse for
any person on earth TO operate rail
ways in disregard and defiance Of the
lawful police regulation of the several
states. 1t Is beyond tho constitutional
power Of congress and the national
government and so far as persisted in
It must lead to anarchy, BOlshevikiSm
and endanger the safety of the repuh.
lie MandanmuS awarded.
Judge RObinsOns decision in which
he sees the country lapsing into anar-
chy and ROlshevikism through the
medium of federal control Of the rail
WAYS, is in cOntravention with opinions
expressed by leaders of his aprty. the
| Nonpartsan league. who are heartily
in favor of public ownership. universal.
The opinion is handed down in the case
of the state versus the Northern Paci-
fic railway, Walter +. Hines. federal
director Of railways. and six other car
riers operating in the state The ac-.
ton was instituted by Assistant At.
!. torney General r. NJ. Packard for the
4 state railway commission. which con-
7 tended the federal administration had
no authority to establish, the increase
in ihtrastaterates inangrated last June
without securing proper permission
from the railway board. after having
. filed its proposed increased tariffs as
required by the laws Of this state ",
Congress did not contemplate that
: the president or his director general
should attempt to initiate interstat"
rates. says Judge Robinson. contrary
to the laws Of any state. Certain 1t
was not within the power Of the nur-
pose of congress to give the president
and his famous son-in-lAw right TO re-
neal and undo the rate laws Uf any
state Nothing in the federal act
must be so construed as to amend, re-
neal. impair or affect the lawful police
regulations of the several states.
The full opinion follows: A.
State. ex rel. V. Northern Pacific,
ct al.
Robinson. ]. (Concurrins speciality !:
This is an action by the State of North
Dakota against several railway car
, riers and those who control and Oper-
atc the railways. to prevent them from
continuing to rob the people by the cX-
: action of excessive passenger ana
! freight rates. contrary to the laws OF
the State. The right Of action arises
under the constitution and laws of the
State. and under the laws of the Unit
cd States. HENCE, the jurisdiction OF
the Court is in no way questionable.
and il is expressly and fully conceded.
In the operation of the public highways
between points within the state ther"
must bc q compliance with the laws OF
| tho State. or the laws are not laws,
and the courts must ma intAin-and up
J hold the laws of the State and proaert
, the nepolc from plnnder and -rohherH
i'm any form. or else the Courts are
nero c0vens and not Courts.
The claim is that the railroads are
onoroted under acts of Congress. by
, direction of the President. and his ap-
: nointed Director General. and il is con-
! ce,lefl that the operation is not in ac'
: cordancc with the laws of the state
A. f. appears. on every railroad SyS-
tom If railroads In the Uniter States
extending over four hundred thOuSand
miles, the passenger fares and frelsht
> r,tes have hecn advanced from twenty
five to fifty percent The advance
\ was made as a war measure under me
= q; military necessity. but now. in this
vaar Of Deace it is continued III de-
: fiance of the just laws and powers o.
e the several states. The assumed ran
: road control and orders Of the Presl-
< don't are based on two acts OF Con
' aress. In August. 1916. at the time
4 If some trouble with Mexico. con
: press nased an act as follows: THE
0 President in time of war is empowered.
| fnrOVyUi NetIeldlS VI 'ss' ~ '>-- ,
| session and control Of any system OF
\ transportation and to utilize the same
4 for the transportation OF troops. war
t material and equipments. This was
r q nice rider on the army appropriation
: act. covering forty-eight pages OF the
$ statute. (vol. 30. p. 645). The rider
r is short and simple. Its manifest
/, purpose was to authorize the President
i'm time Of war to use the military
force to control and operate railroads
n for the removal of troops and war sup
4 plies-"onlv that and nothing more
/ But. in December. 1917. after Congress
{ had declared war against Germany
/ and Austria, the President magniflet'
e his power and issued a fiat or procia.
\ nation assuming the possession and
n control should be in his son-in-law. as
Director General BY the same fiat
d the President attempted to legislate and
/ he decreed that except with the writ
{ ten consent Of the Director General
tContinued on Page Stx.)