The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1921-11-11

postwar conditions, had resulted In
a throttling of state commissions,
and in some instances in their practi-
cal destruction. This idea has been
repeatedly stressed by the Alabama
public utilities commission.
For the best interests of the peo-
pie, of the states and the country,
Mr.. Thorne argued that the legisla-
ton in question should be amended.
In part he said:
Amendment Urged
"Our American plan of government
contemplates a strong national, cen
trail authority with local self-gov-
eminent. This dual system has been
tried out for more than century.
1t has such valuable features that 1t
is being copied by many of the other
great nations of the earth. 1t makes
it possible for the government TO
keep in close touch with the needs
of the people.
prior to the war this system was
given a severe test when applied to
industries engaged in interstate COM
merce. After a long period of litiga-
ton the supreme court finally estab-
lished a doctrine, enunciated in the
Shreveport and Minnesota rate cases,
wherein it was held that in case no
unjust discrimination was created the
federal tribunal could not overthrow
rates established by state authority
Prediction Fulfilled
at the close of the war you were
urgently asked to make certain modi-
fications in the language of the stat
ute as it then existed. We earn
estly urged upon you the wisdom of
declining to change that language.
f.1 n ct a tod that anV
change, innocent and harmless though
1t may appearer, would inevitably be
interpreted by others so as to throw
the whole matter back into the hands
of the courts for another long period
of litigation. What was suggested
at that time has occurred. We ma
the federal authority very naturally
has encroached upon the powers OF
the states, in some instances prac-
tically killing off all jurisdiction OF
the state commission. II 1t is Wise
to destroy this dual system of our
government as to our railroads. is IL
not also wise to pursue the same pol
icy as to all other lines of business
And if that be correct, shall we aban-
don this dual system of government
which was set up by our fathersf
The issue is basic, fundamental ana
far-reaching. We earnestly petition
YOU to eliminate from the Transports
tion act all changes which have peen
made affecting the relative powers Oh
the state and federal tribunals, re-
store the conditions as they existed
before the war. II you Will do TINS,
the rules will be we'll established
governing state regulation ana ieu-
erai regulation of our common car
riers as fixed in the statutes and as
e.. If
sldered opinions of the court OF last
resort.
Roads Seek elimination
1--WE believe the present effort OF
the railroads is practically TO- elm
mate the state regulation of our com
mon carriers If that policy shaii pc
adopted as to, our railroads, 1t Is oniy
a question of time until other forms
of organized business will accomplish
the same result.
"The distinguishing feature Of TINS
form of government which was
framed by our forefathers, BACK IN
the eighteenth century, Is the lcu
eraI system which combines greal
central power with local sen soN
eminent. One serves as chech
against the other The local gov
ernment keeps in close touch with the
needs of the people. The central
power is able to compel peace -
home and abroad Both are essential.
Combined they constitute the erea.
est achievement of the human race III
the science of government This mus,
be preserved for future generations
A tendency towards too mueh cen
realization is Just as dangerous as
tendency toward too much uecen
tralization. We appeal to this grea.
committee to do all that you can IN
reason and justice to preserve lh'aO'
the powers of the states
1.-THE fact that our supreme cou,
has been careful to avoid similar en-
croachments upon the jurisdiction %
state courts has served as stapiilz-
ing influence on our whole American
system of government, and it mas
,caused that tribunal to take RAM
amongst the greatest on earth. May
TO- aetion serve as precedent,
guide to this Congress at such a tilne
as this. when a similar issue is pre-
sented for your consideration.