The record-union., 1894-08-07
ROYAL BAKING POWDER.

of rates. In the light of history such
Determinations now appear TO have been
inevitable incidents of the Transition
from disconnected to closely connec-
ted and intimately
ASSOCIATED NATIONAL RAILROAD SYS-
TEN.
The complaints which these discrlmi-
nations evoked were proclaimed In the
halls of Congress. and in time the pres
sure brought to bear made national legls-
lation for the regulation OF the railroads
political necessity. The Congressional
investigation w hich led to the scheme OF
regulation which was adopted, was con-
Quoted by the Senate Committee on
Interstate Commerce, of which Senator
Cullom of Illinois was Chairman. The
report of that committee was submitted
to Congress January Is, 1886. 1t was one
of the most volnminouS, and hesitate
not TO say, the most valuable treatise
ever presented to any Government upon
the subject Of transportation. As
legislative achievement it reflected the
highest honor upon it's distinguished
author, Senator Cullum.
THE PRACTICAL RESULT
OF this great report was the passage of
the Act TO Regulate Commerce embrac-
ing the establishment OF an Interstate
Commerce Commission charged with the
duty of investigating all infractions OF
the law and of passing upon them. The
commission was endowed with no ad-
ministrative authority, in the sense OF
power to make rates; it was not author
lied to interfere with the general au-
thority exercised by the administrative
officers of the railroad corporations; nor
was 1t given any judicial authority. 1t
was simply empowered to exercise the
moral influence of its nediatorial offices,
and to report to the Federal courts all
cases where the companies refused to
abide by its decisions. Ii this way 1t
was enabled to institute judicial proceed
ings for the enforcement OF the pro-
visions of the statute. In word the
commission was under the provisions OF
the Act to Regulate Commerce, endowed
only with the junction of etfecting justice
in the conduct of railroad Transportation
through the moral force OF the sound
ness of its decisions and ofits representa-
tive character as an exponent of public
sentiment. Beyond that came the power
of the Federal judiciary, and every ia
cility was provided for invoking the
exercise of that power.
UTILIZING MORAL FORCES.
The bill presented by Senator Cullom
was in some measure new departure In
governmental administration. 1t was
regarded by its author as a tentative
measure. but time has proved it to be
one of the wisest products of statesman
ship. 1t voices the growing tendency OF
the age toward utilizing moral forces to
the utmost in the maintenance of justice
and order, holding the strong arm OF the
Governmental power as much as possible
in reserve For awhile the commission
under the guidance of Judge Cooley, its
Chairman, proceeded in its assigned
work admirably. The railroads obeyed
Sc, 1afn foar nYaH fro hi iIr1fr
for awhile, peace reigned within our
borders. But no human authority ever
yet existed very long without having its
powers tested.
THE COMPETITIVE FORCES
Which were involiug the American rail-
road system were in constant ebulition.
Competitive struggles, eliminating in
wars of rates prevailed extensively, and
unjust discrimination were, as formerly,
their inevitable concomitants. Although
the commission in its third annual
report committed itself fully to the ideas
upon which its functions had been deter
mined by the Act to regulate commerce,
its Chairman, Judge Cooley, soon there
after became the proponent of new
theory of railroad regulation.
IT CAME ABOUT THUS:-
The companies having appealed from
certain decisions OF the commission, the
courts decided that the commission was
invested with no judicial authority what
soever. The distinguished author of
constitutional Limitations expressed
his dissent to this view and at once
rushed to the conclusion that the COM
mission must be endowed by Congress
with a clearly defined judicial function.
This opinion was expressed III the fourth
annual report of the commission, sub
mitted November 9, 1890, wherein it was
declared that the decisions of the commits
sion should not only have prima tacie,
but full judicial authority; i. g., that the
commission should become full-hedged
branch of the Federal judiciary. But the
courts sternly adhered TO the views In
regard to the exclusiveness OF the judicial
power rs promulgated by Hamilton and
Story and Marshall, and the commission
was forced to submit. Beside, the propo-
sition was so completely outside of the
limitations of the Constitution and of the
principles upon which the Constitution
is founded. that the formal appeal of the
commission to Congress for judicial
powers failed to gain any serious atten
ton.
WHAT WAS ASKED.
Judge Cooley, however, did not stop at
the acquisition of judicial power. In his
address before the convention of Railroad
Commissioners, held at Washington on
favor of comforting upon the commission.
the power of rate-making-the plan pro-
posed being to subject all rate sheets to
Governmental revision, This involved
the monstrous proposition of making the
National Government responsible, not
only for the course of the development of
the internal commerce of the United
States, but for the commercial prosperity
of each part and of the whole of this vast
country. 1t has been remarked that
when great corporation leans upon an
ordinary man the ordinary man is apt to
give way. But what would have been
the fate of the commission with an inter-
nal commerce amounting to twenty-five
thousand million dollars a year leaning
upon it? The proposition thus made to
the legislator was as astounding as any
thing recently promulgated from REIN
carnatiOn to the Governmental owner
ship and control of the railroads. But it
is eliminated by its enormous statistical
conclusion.
TRUE AMERICANISM.
The distinction between the regulation
of commerce in the interest OF justice and
order and the administrative control of
commerce is as broad as that between
liberty regulated by law and Govern
Americanism, while the other is unmiti-
gated despotism, for despotic power can
be exercised under the form of demo-
cratic government as we'll as under the
forms of monarchy. Nevertheless, un-
der the inspiration and influence of Judge
Cooley, Congress was asked to place
upon the brow of the Interstate Com
merce Commission the triple crown of
moral, administrative and judicial func-
tions. Such an admixture of Govern
mental powers has never been exhibited
on this planet except in the case of an alb
solute monarchy welding at once the
legislative, executive and judicial func-
tions of government.