The clarion., 1885-01-14

LCdutuiY HAft bEti IiLGt. 4 10 not cl
orget that the administration OF one of n
be great Departments was the subject b
{ an impeachment before this body, Il
1hich was defeated by the resignation t.
( the officer. | do not forget that the p
administration of another great Depart /.
nent was darkened by charges and sus- Z
,icions, that the great public trust com q
nitted to IL was pTosttuted for the pur
pose Of enrichi=g its head and its favor /
ties, and that the American Navy was +,
sacrificed TO the greed OF politicians and
that high. though subordinate, official
in another great Department habitually I
discharged his duties 70 advance the
fortunes of himself and confederates by
a pillage Of the public Treasury. Nor
do forget that in some way these and
similar misdeeds have so debauched the
opinions OF many that they have be
come in some degree tolerant Of the
practice Of public men using the oppor-
tunities afforded by their Offices oi en-
riching themselves and their fayorites
Nor has the country forgotten these
things. Il is expected, therefore, that |
in creating this commission every safe |
guard viii be taken 10 secure efficiency |
and purity in its administration.
There are also other provisions Of the
bill, 50 far a. they relate to this com
mission, which deserve criticism. H.
the first place. the jurisdiction of thes,
commissions is too broad. Their super
vision is declared by the bill to extend
"tO all matters pertaining to the regula
ton OF Interstate commerce." Their
powers OF supervision as thus defined
embrace the whole subject OF regulating
commerce among the States-iust as
broad, sir, a. the constitutional grant Of
power 10 Congress on that subject
Everything connected with this vast
subject is brought within their iurisdic
ton. Look at our statutes on that sub
Ject, and we can imagine how broad and
extended this subject Is. The manning
and sailing Of vessels, regulating OF sea
men, steamboats,, improvement Of river
and harbOrs, marine hospitals, pilOtage,
building Of bridges over and obstruction
OF navigabie streams, and an infinite
number Of other things, defying all
attempt at enumeration. While their
jurisdiction is infinitely vast, their eff
cient powers are almost nil. The bill
invites them % a feast, inscriblng on
the bill Of fare all things either edible o.
potable, and sets them down to ban
quot Of crumbs which the railroad com
panies have thrown TO the dogs
commissions them TO 60 forth and con
quer the world with no equipment 70
the war more destructive than impoten
advice and unavailing solicitation
While this is true, Mr.. President, 0
the provisions of this bill so far as the
relate to any agency of these commits
sioners to remedy existing evils, admit
ted by all 70 exist, yet the tenth section
which prescribes the inquiries whic
they shall make aud the informatio
they are to acquire and report to Cor
gress, Is the best provision on that sui
Ject j have seen. If the duties therei
imposed on the commissioners shall b
lntelligentlY and honestly performed
mass Of valuable information on thi
subject will be acquired and given t
the public, which viii show how dereliC
we have been in the discharge of ou
duties, if we fail to enact efficient legi
iStion to remedy the great wrongs su
fered Dy the people at the hands of th
railroad companies; and it may ais
serve to show to our successors a cleart
path to pursue on this intricate subiec
and to stimulate them to the exercise
we enact nothing more eilicaciOus tina
this bill. For these reasons ! regar
this section so valuable as to Justify &
enactment of the bill, if no better or
can be agreed on, if only there be su1
cient provisions in il 20 enable the con
missioners to carry it out. But, sir,
fear these provisions are also wanting
The ninth section of the bill contain
only additional provisions designed
carry out the tenth. Ia this ninth SCI
tiOn the commissioners are authorize
to summon witnesses, require their Il
tendance, and require the production {
books, papers, and documents and
the tenth section they are empowered
require annual reports from the railroa
companies. They may indeed summo
witnesses, but how can their attendanC
be required? How can these annu;
reports be enforced? If the witness
refuse to obey the summons, if the con
panies refuse to produce the books an
documents and make the reports, VIII
then? On this important subject Il
bill contains no other provision tbs
that the commissioners shall requi
this attendance, shall require this pr
duction, and shall require the report
l respectfully submit that these can n
be effectuaAy done except by a court
United States court can only be whe
the judges hold their Office during go'
behavior, and these commissioners ho
their Office for the term OF SIX yea
They can exercise no judicial pow
whatever, and therefore can not puni
for a contempt or refusal to ob
their orders.
If it is the true idtent of this bill, az
think is certain, that these commlssl6
ers.shall exercise these judicial powe
then the bill is, fear, unconstitution;
and if not, then the bill Is equally
effective in not providing mode
which the attendance of witnesses, t
production of books and documents, a
the making 10y the railroad compan
of the annual reports can be entorc'
Without such provision the ninth a
tenth sections are utterly vaiueless. l
fifth section makes it misdemeanor
the part of the railroad company to
fuse to produce book or docume
but it contains no provision for tn
compulsory productions; but this dt
not include the attendance ot witness
or the making of the annual reports.
The tenth section is also fatally def
tive in the failure to provide any se'
rity whatever for the truth of the M
ters contained in the annual reports
the railroad companies. 1t Is manlt
that If the reports be either wilifuliy
negligently erroneous they are OF
value. A provision should be insert
requiring these reports to be verified
the oaths of the president, secreta
treasurer, and chief book keeper of |
several companies, and imposing I
penalties of perjury for any falsehoC
contained therein. As the section n
stands the companies may make j
such reports as suit either their C.
venience or interest, not even the
mality Of a certificate of their cCrre
ness being required.
On the whole, because of the defect
have pointed out, this machinery whi
the committee has devised for the p
lection of these great interests of I
American people is but search.w
rant given to five blind men to hunt
iniquity, with such effect that if th
should haply stumble on a discove
either through awkwardness in mana
ment or contempt for their author
on the part of the railroad compani
the commissioners would be equally
poweriess to prevent the wrongor pun
lne wrong-doer as they ere TO disco'
= any wrong which .he compa2'es mig
uesire to conceal. The commission
Ve but missionaries to preach the n
Spel OF pseaae ON earth to wrongdoe
GOODWILL, not to men, but to tn,
Teal AND intangible entities
-tl,e d. inguished charm
~ .ee as short ns memoirs Il
and very n,o5 saS =,
y already gn anted Tor p
~ y indulgence for -hmiti'