The Bismarck tribune., 1919-04-02

NV ~ OuSAAC Wy III C'AS esAA AesoS
points are practically the same.
The court holds that the act OF
congress Of March q, 1918, under
which the increase in rates was made
effective, confers upon the president
extraordinary executive powers rend.
cred necessary by the existance Of a
state Of war; that the termination OF
hostilities under the armistice does
not justify judicial interference to re-
tsrain the further exercise Of the ex'
traordinary executive powers rendered
necessary by the existence OF state
of war, but that Section 10 Of the act
OF congress of March 81, 1918, which
gives the president power to initiate
rates, fares, charges, classifications,
regulations and practices, is con-
strued in the light of the other pro-
visions Of the act and of the pre-eXist-
ing method of regulating commerce
through the agencies of federal and
state governments, and as so con.
strued 1t, does not confer original
authority to initiate intrastate rates
which will supersede preexisting
lawful rates prescribed by the legis-
lature or other competent state auth.
ority.
Holding Of Court.
The court holds that rates initiated
by the president or director general
under Section 10, are subject to re
view by the interstate commerce
commission, and its power to revise
or alter is the power previously vest
ed in it under the act to regulate in
terstate commerce, as amended,
which gives it no authority to regu
late intrastate rates as such.
That under the interstate commerce
act as amended, the interstate com
merce commission has authority to
modify intrastate rates otherwise
valid only when the modification OF
such rates is necessary to the com
plete exercise OF its jurisdiction over
interstate commerce.
That in the absence of a clear ex
preston of intention to repeal exist
ing state regulations affecting intra
state commerce, it will not be pre-
sumed that congress so intended.
That under section Is Of the act o
March 81, 1918, which provides tina
nothing in the act shall be construed
to repeal, impair or affect the exist
ing lawful police regulations of the
states except where such regulation!
may affect the transportation o
troops, war materials and government
supplies, or the issue of stocks an(
bonds, pre-existing intrastate rates
cvontinue in effect as lawful police
regulations
That the term police regulations,
as used in section Is, is not limited tt
regulations lirectly affecting the
health, lives and morals of the peo
pie, but embraces regulations designed
to prevent discrimination and eco
nomic oppression.
To U. S. Supreme Court.
Under an agreement between thu
attorney general Of North Dakota ant
Charles Donnelly of Minneapolis, as
sistant solicitor general for the fed
eral railway administration, this &C
ton will be at once appealed to th'
supreme court of the United States
where the railway administration, tn
national association of railway com
missions and number of individua
states which have leagued interested
with North Dakota, will do everything
in their power to advance the case t,
an early hearing. The North DakOt;
action has been selected as a tes
case, and on 1t both the states an,
the federal railway administrator
will rest. It Is hoped that it may b.
argued in the United States suprem
court in May.
Affects Huge Earnings.
The advanced passenger an
freight rates made effective by orde
Of the federal railway administrator
in June, 1918. resulted in increases O
so per cent and approximately Is pei
cent. respectively, in North Dakots
enhancing railway earnings in thi
state at the rate Of ten million pc
annum. These increased earning
are placed In jeopardy by the Mort
Dakota supreme courts decision, an
they win be eliminated entirely If tn
supreme court Of the United State
upholds the state court.
Assistant Attorney General F. I
Packard inaugurated the action 70
North Dakota and argued it in 8,
pfeme court, while Charles Donnell,
N. A. fIfldreth OF Fargo. district U.
attorney, AMI Judge John Carmody Z
Hillsboro, his assistant, represente
tha xoyefnment. The opinion Of th
court is written by Associate Justic
Lather p. Birdzell. Chief Justice 4
u. Christians0n and Associate Justic
Z, 8. Robinson concurring il his opil
Soas.aod Justice Robinson sa3so esp
efaflv concu1FlmN Assoctate Justice
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