The times. [volume] (Richmond, Va.) 1890-1903, 1897-12-29
WEDNESDAY. DECEMBER %, 1897.
rtr couuyssJOS WITHOUT POWER.


which we quote from last Sundays Rich
mond Dispatch. contains so much OF
what il currently SAID nowadays that we
take Il as text for few remarks. The
Dispatch's article is as follows
II would seem. that unless Congress
shall come, by new legislation. 10 the
relief of the Interstate Commerce Com
mission. Il would be just as well to wipe
the commission out. A Washington
special says that il is commonly realized
and conceded in legal circles that the
recent decisions Of the United States
Supreme Court, experimenting prior
opinions OF United States tribunals. have
in effect totally destroyed all the powers
Of the commission 10 regulate or restrict
the action of railroad corporations.
This. adds the special. is practically ac-
knowledged I'm the comments or the COM
mission itself in its last annual report.
The special further states in amplifying
its explanation Of the present status of
the commission that while Ii can inves-
tigate allegations OF wrong which have
heen committed pronounce charges which
may he made well sustained. and de-
nounce as unlawful and improper what
has been done the Supreme Court
has so emasculated its prerogatives That
is impotent to redress any wrong or
violation which u may discover II IS,
therefore. Il is held. virtually defunct
body so far as its usefulness is con-
cerned and must remain so unless Con-
Rress vitaliZos H.
The Supreme Courts decisions have un
doubtedly reduced IN. commission to
very much the condition described above.
But what is to be said about It? II is not
the court that has done this. The court
has done nothing but construe the act OF
Congress that erected ana defined the
Towers OF the commssioa II the COM
mission finds itself without uractcai au-
lhority when The act creating 1t comes
10 be judicially construed. IL must lay its
complaints at the door Of Congress and
not al that o. the judiciary. The judi
ciary does not make laws. II does no
more than construe them when the law
makers have expressed themselves after
fashion 50 bunging and obscure that
no one car tell with certainty what they
meant The commission must complain
To Congress therefore that II is without
practical power and it remains to be seen
then whether Congress will confer prac-
Seal authority upon it.
We very much question whether 1t will.
when the act creating the commission
was framed ana enacted. 1t was by men
who wholly failed TO understand the rail-
road problem. and who supposed that
statute laws could adjust differences be-
tween people. one OF whom wanted to
pursue his business so as to make It as
successful as possible. while the other
wanted the business run without regard
- the r.rhts and interests of the owners
81 H. but according to the fashion that
ihc complainant thought would bring him
;he greatest benefit Statute laws never
,at have succeeded In adjusting matters
between such partners and they never
will The commission. except as an adj
visors body. was a failure f'om the be-
ginning and II always Will be failure
a. an authority to adjust the differences
between partners that arise out of rail-
road traffic and transportation.
The laws which govern railroad trans
sslNdNol hiuft III H' "tst ii'i" nv +'"'
pst govern every other business. The
retail clothicr has coats and pants 10 sell
and the law OF his business is that he is
to get out o, their sale he largest price
tina; tho articles will bear. The largest
price they will bear is the lowest price
that will bring him a reasonable profit.
because the lower ne sells. the more he
WI SELL and money making comes from
Ireat sales at a small profit rather than
from small sales at a great profit. The
most obstinate and greedy clothler is.
therefore. forced down by degrees TO the
lowest price for his clothes that will bring
Lin profit by this ever present and in
cxorable law.
The same Is trua OF the railroad. II has
.ansportation for sale and the cheaper
II sells II the more OF 1t 1t will sell. and
the more money therefore 1t will make.
All that Is necessary. therefore. for bring
ing railroad rates down to the lowest
poin, possible is TO leave the railroads
alone and they Will inevitably render
obedience TO the natural law of the case.
and bring their rates down, in time. 10
the vsiy lowest point that u possible.
Take ~ IN illustration, for instance.