White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1922-03-19
By THE NEVADA PUBLIC SERVICE
COMMISSION.

The public service commits ission>cf
Nevada in regular meeting March II
adopted and forwarded TO Senator'S
Pittman and Oddie the following tel
eCram relating to amendment OF the
transportation act and the protection
of states rights:
The decision of the United States
supreme court in the Wisconsin-New
York cases destroys the states power
10 control their own commerce. This
is entirely beyond any and all ex-
planation and Interpretation placed
nnon the transportation act by the
majority members of the committees
who had 1t in charge after conference
and declarations made by them since
its passage The adjudieated policy
Of the act Is yiolatiye of the rights
exercised by the states since the adop-
ton of the United States constitution
in 1889. II is the continuation OF
wartime Capitalization of power and
IS without justification for peacetme
affairs OF the people. the contention
Of the railroads 10 the contrary not
withstanding.
1T Is impossible TO even think that
a vehicle or instrumentality of COM
merce created in substantial part by
state anu DOhh didB AAhht
of way donations, tax exemptions and
bonuses, including the grant of power
10 exercise the right of eminent do
main, shall be given a status that is
superior In power to the parent of its
creation Railroads nave prospered
under dual regulation. state and fed
eral. No necessity exists for depriy-
ing the people of their local home
rule and the states must be consulted
and must not be put on trial upon
complaint of the railroads, as has
been the case during the last two
years Sections l and 15a of the
transportation act are responsible for
this condition of affairs. The latter
section authorizes the fixing of ade-
quate return rates on aggregate value
OF property, while The former section
authorizes the invasion of states by
the federal commission for revenue
purposes without regard TO the rea-
sonableness of the rates. In fact,
these are mandates from congress,
and so long as they are maintained
there is no hope of adequate regula-
ton on behalf of the travelling public.
shippers and consumers OF this coun-
try, because the adequacy of carriers
revenues is made the paramount con-
sideration. These sections should be
repealed at once.
I'VE are entirely satisfied that con-
gress never intended these drastic re-
suits. and we therefore earnestly re-
quest that you urge the senate COM
mittee on interstate commerce TO re-
port out necessary bills, or IL neecs-
sary, have the matter carried to the
floor OF the senate for the restoration
of state power to control its own COM
merce without interference from the
federal government.
Chairman ]. +. Shaughnessy of the
Nevada commission says that the
transportation act as construed by the
United States supreme court means
the beginning of the end of local
home rule and the Capitalization of
all important governmental activities
at Washington for the future II con-
gress fails or refuses TO repeal the
wartime mandates of the act. Com
meree affects the daily life of prac-
tloally every individual In one form
or another. and If II is held to be an
indssoluble unit" and within the
control of congress 10 the exclusion
Of the states. even though necessary
10 produce this result by indirectlon,
as in the case of the railroads under
the transportation act, OF course every
other large individual corporation
dealing I'm commerce will seek to So
cure freedom from the exercise OF
the police power of the state.
The precedent has now been estab-
lished and In so far as congress per-