New-York tribune., 1920-12-25
Justice Benedict Issues
an Injunction Attacking
L. G.. C.. Order as Move to
Autocracy or Anarchy
State Rights Are
Invaded, He Says
Asserts U. S. on Same
PrincipleCould Regulate
Even Family Relations

granted temporary injunction yester-
day IN Brooklyn restraining the Long
island Railroad and the Staten Island
Rapid Transit Railroad from increas-
ing their passenger rates, in accord
ance with the new schedule of the In
terstate Commerce Commission, until
the authority Of that body to fix rates
Tor intrastate railroads has been estab-
lished in the courts.
Such action by the Federal commits
sion, Justice Benedict held, was an in
fringement Of the rights OF the states.
The question at issue, he said, was
whether states had any control what
ever over railroads entirely within
their borders. II such control were to
be vested in the Federal government.
he said, it would be a step on a road
which led either toward autocracv or
anarchy.
The decision Of Justice Benedict is
IN direct contradiction to that made by
Supreme Court Justice Hasbrouck, at
Kingston, n. Y, in the case Of the uu-
state roads. Justice Hasbrouck vacated
an injunction similar to that granted
yesterday by Justice Benedict. which
Justice Cropsey had granted several
weeks before.
L. I. Heads Views
Ralph Peters, the Long Island Rail-
roads president, said after hearing Of
Justice Benedict's decision that the
Long Islands passenger business con-
Of hp rbnl
now was being conducted at a loss. 1t
might be necessary to reduce its serv-
ice in order to continue operation. he
said, while improvements which had
been contemplated would have to be
postponed. He said that, although
the Interstate Commerce Commission S
authority to increase rail rates was
questioned, there seemed to be no Ques-
tion concerning the increase Of more
than $3,000,000 in the pay roll which
the commissions railroad labor board
imposed on the Long Island Railroad
last July.
Justice Benedict's opinion iss. forty
pages in length, and is the longest OF,
record in Kings County.
THE present case" he said, "involves
a drastic assertion on the part Of the
Federal government. 1t now seeks to
lay its hand on purely intrastate car
riers and to exercise over their rates
for intras tate transportation the same
authority it has exercised over the
intrastate rates Of Interstate carriers.
"If it shall succeed in blishing
its right so to do The last vestlge OF
state auth ority over carriers rates Will
be destroyed.
"The order Of the commission re
quiring increases OF rates by intra-
at a IRA n -
tation to correspond with the inter
state rates fixed by the commission
means that the commission is attempt
ing to establish a unified control over
all the railroads Of the country, inter
state and intrastate.
"The passengers who travel on
through tickets over the Long Island
Railroad to or from points outside OF
New York State are not shown to be
sufficient in number TO Justify that
intrastate carrier in setting at naught
t. commands of the state authorities.
SO far as such passengers are con-
cerned, they can prevent any discrimi-
nation at all by breaking their journey
in New York City.
"The conclusion follows that the In
terstate Commerce Commission, even
assuming that Congress has lawfully
authorized it to fix ntrastates on
intrastate railroads to prevent discrlml-
nation, has exceeded its authority and
that facts did not exist under which
the Interstate Commerce act Justitled
the exercise OF such power.
Grave Menace Seen
"There is no difficulty, IS far as
passengers, traffic and transportation
of milk and cream are concerned, N
separating intrastate from interstate
business. In view Of the provision
above quoted excluding lntrastate trans
Dortation from the operation OF the
Interstate Commerce act. thInk IL
would be indulging IN too violent a
presumption to hold that Congress in
tended bv the two paragraphs added to
ss ction 13 to authorize the Interstate
Commerce Commission to fix ntrastate
rates on intrastate roads, even ii IT
should find such rates discriminating
as regards Interstate cOmmerc" and
persons or localities engaged therein
"There seems now to be danger
that state sovereignty Will be forgot
ten, or lost, in an enlarged but uncoIl-
stitutional expansion of Federal CON
+rol and mower over matters which are
entirely within the limits of state Jur-
isdetion.
"If such condition shall ever be
brought about, our entire system of
Constitutional government will be at
an end and, upon the ruins of our
states, there will arise centralized
power which must inevitably merge
either into absolutism on the one hand,
or into anarchy on the other and the
magnificent example of government
of the people, by the people and for
the people will perish from the earth.
"If the general government can, by
means of Congressional, or Executive
agencies, regulate and control all com
merce. both interstate and intrastate,
must it stop there? Can it regulate
Of husband and wife, parent and child,
master and servant, landlord and ten
ant, by making general laws super
seding the statutes of the several
states? Where shall the line be
drawn, or is there no line?"