People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1898-02-03
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suppose bill should be introduced
TO prevent railroads from transport
Ing oranges from California to New
York at less than Sl.50 per hundred
pounds on the ground that such
transportation has tendency to in
Jure the orange growers Of Florida;
or to reduce rates from both states
in order to exclude fruits from other
countries. Such examples need not
be multiplied. There is no citizen
who would not deprecate the intro
duction of such questions into The
halls of congress. Nevertheless, such
Legislative experiments are in sight
If we once concede the propriety of
congressional legislation upon rail-
roads rates.
Clearly we have here fundamental
difficulties in relation to the exercise
Of rate making powers by congress
which would seem to make such ex-
perlments both impracticable and
dangerous. MIR. Walker next calls
attention to the fact that not only at
the time Of passage, but the discus
sion preceding the enaction OF the
interstate commerce law, clearly
showed it was not the intention of
congress even indirectly to confer
such powers upon the commission
created by the act of 1887. On the
contrary, the prevalent idea then
was that the fixing Of rates by legis,
lation was impracticable. Qlota-
tons from the senate report accom-
panying the bill positively state that
sit would be inexpedient and i'm
practicable to attempt to adjust ex-
listing inequalities by any system of
rates established by legislation"
This proposition is subsequently
developed fully. 1t is as true today
as 1t was ten years ago.
Mr.. Walker next shows that after
several wears of laboriOus genesis the
commission has developed an idea
that it has rate making powers, and,
although the supreme court has
fully and finally decided that no
authority to nominate rates was con-
terred on the commission by the
interstate commerce law, an effort
is to be made to secure legislation
looking to this end. The new at,
tack has begun by the clamor that
the supreme court, by construction,
has emasculated the statute, and that
congress must forthwith confer all
the powers which the court has said
are not at present given. To speak
more cOncretely in relation to the
present subject, it is demanded that
the power to make rates be now con
ferred upon the commission.
WHY SHOULD THIS POWER BE GIvENi
But why? Let US look at the
matter seriously. What has occurred
since 1887 to make this proper legis
lation for Congress to undertaken
If it was not then expedient OF
practicable, is it expedient or prac-
ticable now? Have railway rate:
advanced since 1887? Has extor
ton been committed? Have VT
not the lowest rates in the world
Have not bankruptcy and reorganiza
ton been the almost universe
experience of railroad companies?
But, some one says, when unjust
discrimination is charged the com
mission should have power TO say
wat reduction is required to over
come the discrimination, if its exist
tnce be established. This powel
would no doubt crafty the COM
mission, but is there any other valid
reason for grantins il1 The injured
party has a right of action, the same
as for any other pecuniary injury
even more, for he may elect between
proceeding for damages or for
restraint; and the commission MAJ
not be infallible.
This question is of infinitely
broader scope than is conceived BY