Evening times-Republican., 1920-12-03
STATES STAND TO
LOSE ALL RIGHTS
IF INTERSTATE COMMERCE
RULING is UPHELD SovER.
EIGHTY Is GONE.
BOARD CLAIMS CONTROL
OVER RAILROAD LINES
States Would Not Only Lose Power
Over Rates But Authority Over
Rules of operation-State Com
missioner Lewis Explains Predica-
Iment Iowa and Other States Are In.


Special to Times Republican.
!, Des Moines. Dec. S.-In an address
delivered Thursday evening before
the Chamber of Commerce Of Clinton,
Chairman Dwight N. Lewis, of the
Iowa board of railroad commission
ers, attacked not only the recent de-
cision of the Interstate commerce
In the Illinois passenger
fare case but the broad principle IN
volved.
He declared that If the interstate
commission is right in It's
position, than will be the first great
wedge driven in to the fundamental
law of our country which shall for
ever split the state away from any
semblance of sovereignty"
In opening his address he said that
the uppermost question now in the
Of those particularly inter-
ested in the transportation act OF
1920 is whether or not, under the
transportation act of 1920. the So
called Esch- Cumlnins bill, the state
has any substantial authority left
over rates, freight and passenger
within it's borders.
,merce commission has found in effect
that the transportation act requires
state rates to be made at the same
level as interstate rates and that
virtually state commissions have no
discretion whatever; that when the
interstate commerce. commission has
held that certain rate in a given
territory is a just and reasonable,
rate. that ends the question SO far
lis the measure Of the rate isl con-
cerned and the state commission has
nothing to do but adopt 1t.
He pointed out. however, that
Senator Cummins, who is presumed
to know what was intended by con-
e.ress in this bill" did not so inter-
Iret the measure. He declared that
Senator Cummins has repeatedly ex-
planned that the provisions of the bill
referring to the relationship between
state and Interstate transportation
were intended only to enact into
statutory form the rule enunciated-
by the United States supreme court
III what is known as the Shreveport
sase.
rim BRIEF explained Commissioner
Lewis, this principle is that a state
may not maintain such rate from
a border city to points within it's own
state SO much less than obtains to
the same points from city in
state. which is across the
own border has a monopoly upon the
business. To this rule, state COM
missions have made no objection
!. c. c. Goes Goes Whole Hog.
Commissioners Lewis read an ex-
tract from the interstate commerce
commission Illinois decision in which
the commission declared that the
term commerce in the transportation
act covers the entire field of trans
portation-the traffic itself and all
and means OF
carrying it on. The commission
further held that "the language used
is certainly broad enough to cover
every discrimination growing out OF
the relation between instrastate and
commerce which injurious
" affects the latter" In commenting
on this Commissioner Lewis said:
1t will be observed that the inter-
state commerce commission has as
sulned complete jurisdiction and in
tends not only to look after traffic
itself but all the instrumentalities
and means Of carrying it on
Some have said that even tho the
state commission should lose the
power to fix rates, still there certain
y is the police power left to require
adequate service, proper depots, safe
etc. But the interstate
commerce commission does not pro-
pose to leave the state comissions
any of that, for certainly road beds,
ira cks, trains, depots, everything are
instrumentalities and means of car
'yil1g on the commerce Of the coun-
.rq.'
If the interstate commerce COM
mission is right, which we by nc
means admit, and if congress has
Undertaken to give the, interstate
commerce commission such un-
pounded authority, which we do not
admit, and the United States supreme
court should finally determine that
he interstate commerce commission
$ right, then will be the first great
wedge driven into the fundamental
nf,,x, vxyI; ;ot, rl,,
.ver split the state away from any
;en.blance of sovereignty
He declared that there is a
,oterie Of financial men, corporation
nen and others of big interests who
ire followed supinely by superficial
thinkers who are talking the federali-
:ation of almost everything.
Maybe some of these things are
good but [ hold that the tendency of
t all is evil' continued Commissions
er Lewis If the United States
constitution has become an un
limited document and Article x,
which provides that all the poWeri
1ot specifically delegated to the
United States are reserved to the
states respectively or TO the people
ioes not mean exactly what it says,
hen the states will have but little
eft to do except to act as agents of
he federal government in collecting
axes maybe. This certainly is con-
.rarv to the best thought upon the
relationship of the state to the fed
eral government"
IOWA WINS AT INTERNATIONAL.
-irst on BarroWs and -Four Eirsts On