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Updated: May 4, 2025
It should be the business of the Government to enforce laws of this kind, and to appear in court to argue for their constitutionality and proper enforcement. Thanks to Moody, the Government assumed this position. The first employers' liability law affecting inter-State railroads was declared unconstitutional. We got through another, which stood the test of the courts.
It is subject, also, to any conditions which the legislatures of other states may wish to impose upon its business, in so far as that business is transacted within their jurisdictions. Finally, it is subject to any regulation which the central government may impose upon its inter-state transactions.
E. E. Clark, the head of the Brotherhood of Railway Conductors, calling him an "eminent sociologist" a term which I doubt whether he had ever previously heard. He was a first-class man, whom I afterward put on the Inter-State Commerce Commission.
The "third world," consisting chiefly of European empire fragments, has not consolidated, but after the Bandung Conference of 1955 has consisted of a fragmented Africa and Asia torn by domestic and inter-state conflicts and harried by the persistent intervention of the western powers.
The distinction between domestic and inter-state commerce which is implied by the Constitutional distribution of powers is a distinction of insignificant economic or industrial importance; and its necessary legal enforcement makes the carrying out of an efficient national industrial policy almost impossible.
But it did threaten the common interests of a number of European states; and it awakened an unprecedented faculty of inter-state association for the protection of these interests. The doctrine of the Balance of Power waxed as the result of this experience into a living principle in European politics; and it imposed an effective check upon the aggression of any single state.
I strongly urged the inauguration of a system of thoroughgoing and drastic Governmental regulation and control over all big business combinations engaged in inter-State industry. Here I was able to accomplish only a small part of what I desired to accomplish.
Inter-state railroad companies usually exercised a dominant influence in those states under the laws of which they had incorporated; and this influence was so beneficial to them that they were quite willing for the sake of preserving it to subsidize the political machine and pay a certain amount of blackmail.
Roosevelt and our own Prime Minister, might be cited in the same sense; but Professor Murray's has been chosen because he has had the courage to grasp the nettle. In his words the true position is quite clearly set forth. If Inter-State Law is to become a reality we must "be sure to go far enough."
We not only secured the stopping of rebates, but in the Hepburn Rate Bill we were able to put through a measure which gave the Inter-State Commerce Commission for the first time real control over the railways. There were two or three amusing features in the contest over this bill.
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