Page:Harvard Law Review Volume 32.djvu/344

308 308 HARVARD LAW REVIEW ever, from the consideration that there is nothing in the act which indicates an intention to preserve the varying standards established by state laws, it is manifestly desirable, from the practical point of view, that rates, etc., initiated by the government should be subject to but one test enforceable in one tribunal. The contention that state authority still continues seems to be rested entirely on the first sentence of section lo and the provisions of section 15 of the Federal Control Act. The first sentence of section 10 provides: "That carriers while under Federal control shall be subject to all laws and liabilities as common carriers, whether arising under State or Federal laws or at common law, except in so far as may be inconsistent with the provisions of this act or any other act applicable to such Federal control or with any order of the President." Before referring to the provisions of section 15 it should be pointed out that this sentence seems clearly to except the situation now under consideration; i. e., a situation in which an order has been issued by the President. Manifestly it would be inconsistent with such order for a state to order that the rates, etc., should not be charged which the President has directed shall be charged. In addition, the reasons heretofore and hereafter suggested for hold- ing the remedial procedure specifically provided in section 10 the exclusive remedy in case of rates, etc., initiated by the President show clearly, it is believed, that it would be "inconsistent with the general provisions of this act [the Federal Control Act]" to hold the general provisions of the first sentence of section 10 sufiicient to permit state control of rates, etc., initiated by the President. Section 15 of the Federal Control Act, which also is invoked in support of state authority, is as follows: "That nothing in this act shall be construed to amend, repeal, im- pair or affect the existing laws or powers of the States in relation to taxa- tion or the lawful police regulations of the several States, except wherein such laws, powers, or regulations may affect the transportation of troops, war materials. Government supplies, or the issue of stocks and bonds." Pretermitting for the moment the questions whether this section properly construed can be regarded as intended to keep alive the power of the state with respect to rates, etc., and whether the ex- ercise of such power might affect the transportation of troops, etc.,