Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1922-02-28
STATE RATE POWER
RENEWED AS ISSUE
Supreme Court Ruling Extend
ing !. c. c. Jurisdiction May
Bring New Legislation
FARMERS ADVOCATE CHANGE
BY CLINTON W. GILBERT

stan Correspondent Evening Public Iedfer
| Copyright. f9a,, b. Public Ledger Company
Washington. Feb. 2S.--Thc latest
| Supreme Court decision affirming the
power of the Interstate Commerce Com
mission to regulate railroad fares with
In States will start movement In Con-
gress to restore authority to the State
| railroad commissioners.
This decision is the elimination OF
long line Of decisions whose tendency
has been steadily to widen the authority
Of Congress over intra State rate maxi
ing until now Federal bodies are fixing
the fare paid upon trolley cars in the
State OF New Jersey.
In this Wisconsin case nearly all
! the States intervcned to protect the
right to govern rate making within their
own borders. hut the decision handed
down by Chief Justice Taft is unani-
nous. The authority of Congress IS
virtually complete. The field of State
regulation is narrowed to rates within
States which in no way compete with or
! discriminate against Interstate rates.
Two Sides to Argument
The argument for a single control Of
rate making is that railroad earnings
depend upon both their rates withir.
States and across States and that a di-
the power Of inter State control being
affected by any such cutting OF rates
within States as would affect income
seriously and limit tho reduction of
rates across States.
On the other side the argument is
made that Capitalization at Washington
Is not sufficiently responsive 10 local
needs and conditions. The Inter tate
Commerce Commission Is too far away
and does not understand. Moreover.
IL Is hurdened with work and moves
very slowly. Rates arc likely to be
made in mass. often with injustice,
as the recent modification of indi-
vidual rates seems to show.
Since the high rates We're made fol-
lowing the war. great dissatisfaction
has been felt wi tn the Interstate Com
nece Commission. especially in the
agricultural States of the West and
South. And some Eastern States. like
Federal making of trolley fares. are
thority as are the Western States.
The farmers in their recent confer
erce at Washington. indorsed a return
to State control Of rates within their
own borders. Their sentiment was un-
mistakable. The farm bloc in Con-
grcss, which is powerful factor in
legislation, may be counted upon TO
press for modification of the law
such as will decentralize rate control.
Change in law Foreseen
feeling in their own States TO reckon
with. They are also traditi"nally
States rights supporters. These groups
with Eastern members who have special
reasons for supporting n return to State
control make so considerable a number
that change in the law is likely.
Constitutiona!ly the Supreme Court
decisions leave the situation thus. Tn
der the Constitution Congress- has pretty
complete authority. This authority
Congress cannot give to the State COM
missions. That is to say. Congress can :.
not pass a law saying that the State
may exercise supervision Of certain
rates or under certain conditions.
But Congress can apparently pass a
law defining the jurisdiction of the
Interstate Commerce Commission. 1t
can decline to exercise jurisdiction over
fines Of the individual States. The cf-
feet of such a law. 1t is said, would
be to leave the States themselves free
10 exercise the jurisdiction that Com
greSs declines. Bills are pending be :
or" Congress supported BY the farm
5loc restoring the control Of the States
~ iEtrastatc rates and they are GER
tain now to be pressed.
The situation is full of difficulties.
II is plain that line must be drawn
somewhere, for local communities will
not be content to permit an authority
as distant and irresponsible as that at
Washington to pass upon rates of such
local concern as trolley fares.
Hard to Draw the Line
But il is hard 70 draw the line so thar
State commissions may not nuilify the
rates fixed by the Interstate Commerce
Commission 1t has been possible
wirhin the last few years in travelling
across the States 10 buy n ticket 10
the State line at 4 lower rate than the
Interstate rate and then buy another
one az III" State line. thus reducing the
return which the comm; Ssiou held to be
necessary 70 the rlilroal from its inter-
state business.
TIE ccntrnlizing tendency in lcgisla-
t,ou in Supr-un Court decisions and in
"cIsttutjonat amendments Las reached
thc poiar where II is n serious danger
t. local self government. An imrnenS"
Bureaucracy is being Duii, up in WASH
.rgton which is tending u become more
or Joss q law unit" itself. Bureaucrari'.S
NJ" permauent and ara little responsive
t" changcs ot administration. And :"
fnr as localities arc concerned. IL Is
v.rtqa.ly an uuLocrntjc form Of gov
rrnurnt, for localitirs have nothing 70
-ay about tho Federal rganizaton
which has little conception Of thei.
r"c,.4 and pays no regard to their SEN
,iMrut.
Another efrac, Of a." crntralizing
tendency is I" strip ioral self-govern- =
uuuL Of i,s interest. Training in citi-
z"nsh!p largely depend" upon local