The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-05-26

upon 1t as endangerlng ali railroad IN
terests, because in the outset extreme
measures we're proposed, look with favor
upon reasonable laws regulating trans
pprtation as the means at once OF salts
flying the people and restraining railroad
companies from excesses which may be
expected in the absence of restraint.
As to the exact mode of exercising
this power the range of inquiry is so
broad and the subject is 30 farreachiDg
and difficult that no mode has ever been
suggested that is not open to objection
even in the mind of the party proposing
it. The subject bristles with difficult
ties, and the field is full CT dangers, and
as yet has not been wholly explored
The subject has been fully discussed in
legislative halls and before the people.
There has teen much defamation as TO
the grievances and no little denuncia
lion of those charged to be the authors
of them, better calculated to excite the
popular mind than to point out RENE
dies which may not prove worse than
existing evils. On the other hand, much
that is instructive and of practical value
has been written and spoken on the sub
ject by men who have earnestly sought
10 master it and 50 to deal with it that
the rights both of the people and the
railroad companies shall be respected
aud protected. Such men have recog-
nized that the rights of both must suffer
if the laws of trade which are known
and the fluctuations of commerce which
cannot be foreseen are disregarded.
Consequently they find the reasons all
in favor of the simplest and most fiexi-
ble system which can reach the largest
proportion of the grievances most gen
orally complained of, and which is most
adaptable to the varying conditions
of the business proposed to be regula
ted. | subscribe To this view.
With. many the fayorite mode seems
to be through an interstate commerce
commission; but to my mind there are
grave objections to such a commission.
Congress acts only under delegated pow
ers; and where is the warrant tO be
found for their delegation by Congress
to commission? Congress may un-
doubtedlv create commission and con-
fer upon it given powers, if they be SO
precisely and narrowly described and
limited as to leave the commission no
discFe tl0nary a uthority in any matter
where its action would be final; but
they would leave the commission no
field for any useful work. Does any
Senator feel safe in announcing that
Congress can can confer on commission
the power to regulate the rates of trans
POI tation so as to bind the railroad com
panies? And il it can not fix rates
what good purpose that is practical can
commission serve? But if the power
be conceded the work is beyond the
capacity of any commission that can be
appointed There are more than fifteen
hundred railroads in the United States.
stretching over about 10000 miles of
territory. Some of then cost millions
to construct a single mile, and, by com
parison, some were built for inconsider-
able sums, and the cost Of none of them
is the true test Of their present value.
Some run through densely populated,
rich, and prosperous regions, and some
through those which are sparsely settled,
where the people and the soil are poor
alike. Trains ON some run every fifteen
minutes in the day and on others they
run tri weekly. At intervals of about
10 miles or less, upon the average, on
most important roads, are stations from
which goods may be shipped to otner
stations on other roa Is in the Union
which are not purel2 local lines. These
shipments vary in value, in the difficulty
of handling them, in the necessity for
speedy transportation and prompt de-
livery, and in the measure of responsi-
bility for loss, damage, or delay. They
may consist of coal worth $40 a car
load or silks or laces worth thous.
Of cases in a car. They may con-
sist of ice, or livestock, or fruits, which
must go through with speed, or of lum.
Der or brick which would neither waste
nor perish by delay. The variety of
freights is endless, and so is the variety
of the questions which the commission
must consider, "a affecting the rights of
hundreds of railroads and millions of
people, before it could arrive at tariff
OK charges which the commission itself
would say is even approximately just to
shipper or carrier.
How long would it take the commits
sion TO perform even imperfectly the du-
ty of gathering the necessary data on
which to proceed advisedly, aud then
determining, on the material collected,
what rates would be reasonable on all
the interstate" roads in the Union? So
long, venture to say, that before the
completion of the work the Changes in
business in this active age and in the
conditions of the railroads would make
necessary a re-examination of the subject
aud readjustment of the rates.
There are other objections to an inter
state commerce commission, growing out
of the fullness of its powers, the disas.
trous consequences of its mistakes, and
the dangers and temptations incident to
the position of its members; but those
will suggest themselves, and | need not
now discuss them. It is enough that
such a scheme seems impracticable, even
If clearly constitutional, to lead me TO
prefer 2 simple one whose constutionali.
ty is beyond dispute.
Judge Reagan, an able and earnest
Congressman from Texas, who for more
than ten years has been iaboring to mas
ter this great question, and has been
pressing its Importance upon the atten-
ton OF Congress and the country, at the
last session secured the passage of bill
through the lower House by vote of
TO l to regulate interstate railroad traf-
fic. la advocating that measure he ex-
pressed the opinion that s'no law fixing
rates of freight could BE- made to work
with justice either to the railroads or
the public aud the same conclusion
has been reached by others who have
maturely considered the subject from a
wholly impartial standpoint To me
this seems clear, sad the reasons for it
are equally forcible when applied to
rates fixed by an interstate commerce
commission.
The Reagan bill. as /. passed the
House, though far from perfect and far
from satisfactory TO me and to many
who voted for it, including its author.
suppose, as it was considerably changed
after he introduced it, has in it the idea
which seems to me the correct one for
practical legislation embodied in general
provisions, prohibltory and mandatory,
TO restrain and direct the railroad com.
panies. aud protect shippers from all un
fair, unjust, and unreasonable dealings
with string mt and specific remedies fo.
violation of these provisions / think
l system built on this idea would be far
better than q commission
prefer a law which requires that al
freight charges between all interstate
points as to all persons, all stances, and
all kinds and quantities Of freight sha
he reasonable and provides speedy re
dress in case of violation, aud impose;
penalty, If the violation be willful, ID
any court of competent jurisdiction
whether State or Federal. Detail.
should be prescribed having references te
the rriararaces most com mplained 0f s,arh