The Bismarck tribune., 1919-03-29
ROBINSON SEES
BOLSHEVISM IN
u. S. CONTROL
(Continued from Page One)


property Of the railway carriers: that
no suit may be brought against them,
except as permitted by the general or
special order of the Director BY
this order the President innocently at
tempted to repeal or suspend vast
system Of Federal and state laws and
constitutions and to make his famous
son-in-law the greatest dictator on
earth. But, in March, 1918, Congress
passed the Federal Control Act, which
expressly repealed the legislative part
Of the dat. The act provides thus:
That actions at law and suits in equity
may be brought by and against such
carriers and judgments rendered in
actions at law or suits in equity against
the carriers, And that no defense
shall be made thereto upon the ground
that the carrier is an instrumentality
or agency Of the Government. Under
that act it is manifest that wrongdoers
who control common carrier and ex--
act excessive rates and fares in def
ance Of the laws of the state ca11flot
defend themselves on the ground that
In so doing they are an agency Of the
| Government.
Section 10 of the act provides the
may initiate rates, fares and charges
by filing the same with the Interstate
Commerce Commission and that said
rates, fares and charges must be just
and reasonable" Also. that on COM
plant the just!less and reasonableness
Of such rates may be determined by the
Interstate Commerce Commission in ac-
cordance with the Act to Regulate
(Ornmnron Ornonln1 R1t nc fhn
act of commerce gave the Commission
no power to regulate rates between any
two points or pdaces Of state, it must
be that the Fereral Control Act refers
only to interstate rates. Congress,
did not contemplate that the President
or his Director General should attempt
to initiate intrastate rates, contrary to
the laws Of any state. Certain is was
not within the power or the purpose
of Congress to give the President and
his famous sOn-in-law the right to re-
peal and undo the rate laws Of any
state. That is shown to demon
stration by, section Is Of the act:
"Section Is. Nothing in this act
shall be construed to repeal, impair
or affect the existing laws or powers
OF the states in relation to taxation or
the lawful police regulation Of the sew
eral states, except wherein such laws,
pOwers-or regulations may affect the
transportation Of troops, war materials
Government supplies or the issue Of
stocks and bonds."'
Now in reading Section Is, some
question may arise as to what is meant
by the lawful police power Of the sew
eral states. Does it include the rate
making power does it include a power
to prevent the people from being rob-
red by the excessive rates and exact
ions of carriers or by those i'll con-
troll 6f them? Clearly the purpose Of
police laws and police powers is to pre-
vent filching robberies and holdups,
to protect life, liberty and property.
So far as a man is dispossessed of his
property, his means of living are >lm-
paired. "YOu do take my life when
you do take the means whereby live
The carrier is employed by the force
OF necessity. When the employer is
forced to pay excessive rates, then, to
the extent of the excess, he is filched,
robbed and held up. 'Such is the
scope Of police power that it extends
: to the protection Of the lives, health,
60
the protection Of all property within
the state' g Cyc S64). Under
the police power the legislature may
enact just laws that common carriers
shall not charge more. than certain
maximum rates. In every state such
laws have been passed and have been
uniformly sustained by the highest
courts. g Cyc. S74). Hence it is
that nothing in the Federal act must
be 50 construed as to amend. repeal,
impair or affect the lawful police reg
ulations of the several states.
As the Federal Control bill was first
submitted to Congress it was strictly
an administration measure, conforming
to the proclamation of the President,
but in each House, and in conference,
it was carefully considered and fin
ally passed with salutary amendments,
and among them the last and most
important was Section Is. While the
act empowered the President to ini-
tiate interstate commerce rates. sub
iect to review by the Commission, it |
expressly provided that the rates
should be just and reasonable. 1t did
not contemplate the addition of bill
lion dollars year to the burden OF the
wealth producers by general and uni
form advance of fifty percent on all
rates and fares. And this Court may
well take official notice Of that fact
that such advance was not just or
reasonable: that it was contrary to
recent and prior ruling Of the Inter
state Commerce Commission refusing |
to permit an advance Of fifteen per-
cent. s- 80 |
It was in the Spring of 1918, when |
the food supplies were reduced and I
when the people were contributing !
their utmost to the war fund. that Con
sress gave the carriers half billion
dollars. and then, by advance rates.
the Director General give them one
billion dollars. Without any such ad-
vance James Hill ran his railroads
and in the course Of few years he
saved up for himself and heirs over
one hundred million of dollars. be-
sides good sums for many others. |
Under the former rates In few de- |
cades the rail carriers succeeded IN
filching from the people ten percent
or one-tenth of the total wealth OF
the nation.
There is no reason for extending the
r. --Ai