Page:Harvard Law Review Volume 32.djvu/339

303 FEDERAL CONTROL OF INTRASTATE RAILROAD RATES 303 used by Congress even to save the legislation. In view of the well-settled rule to interpret legislation so as, if possible, to enable it to stand the test of conformity with the Constitution, it is clearly proper, a fortiori, to give general language its natural meaning when the constitutionahty of the statute is not at stake. And, as has been pointed out, there is no constitutional reason for limiting the power of the President to interstate rates, since he is here acting under the war power which knows no such limitation. Furthermore, there is abundant reason, from the practical stand- point, for giving this general language its natural meaning, since the President could not effectively or justly exercise the rate- making power with respect to interstate rates if he were without power to deal also with intrastate rates. Apart from the discrimi- nation which would result, there would be innumerable instances where the intrastate movement constituted a movement of the utmost consequence to the miHtary situation. In addition, it is of no Uttle consequence that the President, through the Director-General, has assumed to initiate intrastate rates, as well as interstate rates. Under the well-settled rule, the action of the executive department is entitled to great respect from the judiciary.^ And, though it may not be possible to cite authorities to the point, it is not without significance that the entire country has acquiesced in the interpretation of the act adopted by the executive. There being, therefore, no sufficient ground for doubting the President's authority to initiate rates, etc., the question arises whether, under the present act, rates, etc., so initiated are subject to the control of the states through the medium of their various regulating bodies. Before proceeding to a consideration of this question it should be noted that the government is not operating the railroads under federal control through the medium of their corporation owners but directly and in the name of the Director-General. Bills of lading, passenger tickets, and other transportation contracts are issued in his name; the wages of employees are fixed and paid directly by him and his representatives; and actions at law and suits in equity must be brought against him and not otherwise.^** ' Logan V. Davis, 233 U. S. 613, 627 (1914), and cases there cited. ^° General Order, No. 50.