The Portland daily press., 1892-12-20
RAILROADS and PEOPLE.
Interstate Commissions Estimate Of
Its Work.
THE PEOPLE WILL NOT TOLERATE
A RETURN TO INJUSTICE.


Judicial Decisions, Say the Commission.
Have Limited the Scope of the Act
But Their Effect Has Been Exaggerated
Pending Amendments Designed to
Remove these Obstacles in the Way of
the Naturalization Called to Reduc-
tions in Rates.
WASHINGTON, December 19-The an
nual report of the Interstate Commerce
Commission was transmitted to Congress
today. The report refers to the condi-
ton of affairs before the passage of the
act and then says:
"The interstate commerce law, al
though the outgrowth of an aroused and
determined public sentiment, was COM
promise between divergent theories and
conflicting interests; but those who con-
trast the practices which obtained prior
to the law with methods and conditions
now existing will have no doubt of the
potential value of the statute in correct
ing public sentiment, restraining injus-
tice and enforcing reasonable charges
and equal treatment. 1t is not too much
to say that judicial Interpretation has
limited the meaning of the law and as
cribed to it an intent not contemplated
when it was passed. But the effect OF
these decisions has been greatly sxag-
gerated. The act to regulate commerce
was not framed to meet a temporary
emergency and the public demand for
regul ation and protection against en-
croachments of railroad corporations
has not diminished in the last six years,
nor will the people ever tolerate return
to the Injustice and wrong doing which
would exist without any regulation. The
large shipper is entitled to
No Advantage Over His Small Riaals
in respect of rates or accommodations,
and to allow any exception to this funda-
mental principle is to subvert the princi-
pies upon which free institutions de-
pend. The commission is gratified at
| being able to add that many railroad
managers of the highest standing now
concede the necessity of government
regulation and avow themselves in favor
of such further enactments as will make
that regulation effective
The report at length discusses the
pending amendments to the act I'm
| portant among them are the amend
menus spoken Oh DIS IOllOWb.
Another amendment heretofore rec
commended by the commission is that
| railroads or other corporations subject
| to the act should be made indictable for
| criminal offences under that statute.
! The tenth section now imposes penalties
Exclusively upon the officers and agents
| Of the companies and therefore the real
| beneficiary goes free while their servants
are made scapegoats for corporate delln-
auencies. OF course the penalty must
necessarily be fine, since no physical
| punishment can be inflicted upon the ar
| tificial person termed corporation.
'The decision OF the Supreme Court in
the 'Counselman case, holding that the
| provisions of section 800 of the Revised
Statutes granting immunity to witnesses
required to testify concerning illegal acts
| in which they have participated are not
broad enough to meet the safeguards
| guaranteed to such a witness by the
| Constitution, has rendered it impossible
| to
| Successfully Prosecute Violations of Law
where the evidence must be procured
from parties who are themselves impli-
Gated. A bill to amend section $50 of
| the Revised Statutes, introduced at the
| last session and now pending, was de-
| signed to make that section as broad in
| it's protection as are the immunities pro-
vided by the Constitution, and was sub
seouently amended to confne it to Of
fenses arising under the interstate COM
merce act"
Under, this head the commission also
discusses the late decision Of Judge Gre
sham that Congress cannot constitution
ally REQUIRE the federal courts to use
their process to compel the production
of testimony before non-judicial tribu-
nal, and that therefore the provision to
that effect in the 18th section of the act
is null and void, such proceeding not
being tease or controversy within the
meaning of the Constitution; but that
Congress may provide penalty for re-
fusal to testify before the commission or
other on-iudicial bodies, subject to the
exercise of their privilege not to dis
close matters which might tend to crimi.
nate them, and that prosecution for vio-
lation of such statute would clearly be
lease or controversy aid not a mere
application of a non-judicial tribunal.
The refusals to testify in this case were
not based upon the ground that the tes
/ timony might criminate the witness or
anybody; that ground of objection was
expressly waived.
The commission calls attention to the
statement in it's fourth annual report
that the law had brought about many
changes in the equalization OF rates and
removal of Determinations, and to ta-
bies appended to that report which de-
monstrated that material reductions in
rates had taken place fromlyear to year.
aMAMh -