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Q 2) between the "direct and positive’ conflict test contained in the bill, and that ‘hich the courts bave heretofore applied. There were declarations by Congressmen favoring the bill in Committee and on the floor of the House that the first section of H. R. 3 is merely declaratory of existing law. Ordinarily, Congress should not be called upon to perform a useless act, especially when it would give rise to great uncertainty in 60 rany vital areas of Federal-State relations. Some proponents of this measure believe that it will change existing law. Indeed Congressman Howard W. Smith, who introduced the bill, testified before the Houre Judiciary Committee that he head no interest in the bill unless it was wade retroactive. If it would change the law, then innumerable questions arise as to how far and in whet fields changes in the law are intended to be wrought. These changes in ea miltitude of Federal-State relationships will be un- certain in extent and meaning until the courts have passed on the numerous questions raised. The nednedagal awean dw uhtabh Pederal Teed a teatdawn asmnonr inte arf 1 4d at al prsncspeas GPSS 40 When Pocersa.a LeGis a80e0K COMSS in a he eS ote with State legislation covering the same field is that in which the commerce power is exercised. There are, of course, many other fields in which problems of concurrent jurisdiction arise; control of aliens by requirement of registration, Eines v. Tavidowitz, 3le U.S. 52; authority over immigration, Takahashi v. Fish & Game Commission, 334 U.S. 410; labor-manegement relations, Garner v. Teamsters, Chauffeurs, etc. Union, 346 U.S. 485, ee en ae eee oe ee a For the farmer and the buginessran in interstate commerce H. R. 3 creates the serious possibility of miltiple and different regulations by 49 jurisdictions. A striking but typical example is given by the Vice President and General Counsel of the Association of American Railroads: "Enactment of H. R. 3 without language excepting its application to carriers subject to part 1 of the Interstate Commerce Act such as railroads would create chaos in the field of Federal reguiation of the railroads. For example, in areas now pre-erpted by Federal legislaticn such as; (1) rates, H. R. 3 might lead to establishment of multitudinous rates on a single commodity depending upon the action of State courts and juries as to a reasonable rate; (2) penalties, many antiquated State laws ere in existence and would have application to interstate rail transportation service if H. R. 3 were enacted, including nullifying car service orders of the Interstate Commerce Commission; (3) safety appliances and free interchange of rolling stock among railrcads in this country, H. R. 3 would permit the substitution for Federal law of innumerable and conflicting State statutes requiring particular safety devices on railroad rolling stock; (4) locomotive inspections, conflicting State laws might be given full application with SSS SEALS Yee ee See cil i hes Plt - ho