The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-01-04
RAILROADS RUINEDBYLAW
proTEsr AGAINsT FURTHER UN-
FAIR LEeIsLATIoM

4, n. E.t,on,. Development, Rave Bees 30
Hammered NJ 60 Drive Many 1nto HANK
.~.,-Ob,rct TO Extension OF tho Powers
,,. v,tcr.,tt. Comm u CO Commission.
The demands for legislation by Congress,
.,yino more power to tho Interstate
Commission as outlined in tho report OF that
commission Just submitted to Congress. have
aroused powerful opposition among railroad
men. and The position and arguments OF those
Who believe that the fixing Of proper rates for
TRANSPORTATION should be left to the laws OF COM
ne,,,ion rather than to the judgment Of any body
NJ men. have been set forth in a pamphlet pre-
n.rcd by Aldace #. Walker, Chairman Of the
Atcb,son. Topeka and Santa F6 Railway Com
many. Mr.. Walker p~refaoes his direct discus
.,on of the demands Of tho Interstate Com
morcc Commission with o general discussion OF
the question whether Congress has the right
under the Constitution to ~legislate upon the
matter Of railway rates, or IL IL havo the right,
whether. from a common sense point Of view, 1t
should take any such action.
"Tho proper attitude to be assumed by tho
United States toward railroads engaged In In
terstate commerce." he says, us c.o OF the most
important legislative questions now pending.
The transportation Of commodities and of per.
sons Is the chief industry In the nation, employ
ing inc mObt nun, uoihuiiuihb n iuibSoe SuA
rent expenditure and involving the greatest
amount of capital. If there were no railways
our present industrial and social conditions
would not exist.
From the foundation Of our republic 1t has
been our national policy to encourage and de-
velop all legitimate business enterprises. The
taxing power ard the police power OF the
nation have been steadily employed to this end.
The American people are not unjust nor UNI
wise; they know the importance OF the ser.
vices which have been rendered to the country
by the American railway system and are
proud OF 1t; they would not knowingly permit
its usefulness to be impaired or withdraw any
right from Its owners. But We have now
reached q point where those exercising all
other legitimate. vacations are recognized as en-.
titled to proper legislative projection while tho
catchword applied to railroads is regulation
and when the popular idea Of regulation Is
analysed it is usually found to mean a reduction
In rates. The legislative attitude toward rail
ways has assumed the direction of repression
and restraint. Suggestions made for the preser.
walton OF their constitutional rights are jeered
at. Railway managers have been forced to
pursue methods the furthest possible from
their desire, both for the purpose Of warding
off attacks upon the rights Of the owners Of
thor properties and of conducting business
under laws designed to make their business
difficult.
ut Is seriously asserted that railway rates
and charges must be subjected to final con-
troll; that some outside power must always dc.
termine the price at which they shall sell their
ufacture transportation and sell 1t to the pub.
lie. The price to be charged Is claimed to be
'u.b biz to legislative control df =. ,,r,trv Inv.
suffered greatly during the last five years. No
such wholesale bankruptcies have occurred In
any other industry. In no other kind.of bust
ness enterprise has so much capital been swal.
lowed w, and disappeared. In no other voca.
ton are the returns SO trivial. Tho time has
se%s for the reconsideration of fundamental
Whatever right may exist under the Consti-
shall be charged upon railroads. Mr.. Walker
argues. 10 derived from the words ito regulate
commerce among the several States and with
Notwithstanding that this power has long
boon assumed and that many decisions of the
tion." he says, nevertheless there has never
been a square facing. OF the question BY that
section has been the subject of much %juaicial
construction and has teen held to embrace
many things. It has never yet been deliber-
ing power, to be employed either directly or
through the agency Of a commission.
to prevent unjust discrimination. to put an end
70 undue preferences. even to provide for &C.
lions at Jaw 10 recover unreasonable and eX-
brilliant cnarges-all of which may be said TO
be an extension by statute. to the courts Of the
United States. OF the common law jurisdiction
courts of England and the several States. But
there Is no such common law jurisdiction OF
courts to award the charges that may be made
for future transportation"
Mr.. Walker comedies that Congress has
pow under this clause to promote the ex.
the exchange OF such as are dangerous to life.
health, or the general, prosperity. and to ex'
material used in carrying on commerce; to OK:
anime and license shipmasters, engineers, and
others, to inspect ships, wagons, or railways
to see that they are in proper condition, and to
which may be considered necessary for public
however. that beyond this Congress is not au
thorized to go. and concludes this part of his
tracting for services to be rendered we find
that property. by the fifth amendment, is as
mon carrier rendering his facilities to the pub
h hS ms eyyp maEe MS Price , eSw what he win, subject e |;
he eemmits UNJUST dis scS M eGaatf nor or a extortion n
sst ats msxim power 1,f Of Congress to prescribe FL
plated by. the trainers OF the Constitution; e
BY fS' the Gbsnsst npqe@e e eos not lS Se The been Sor 81 construed !res t
commerce do not imply its existence on any
fair construction Of their meaning; az such I
"ouiu itCTIGTe Will anu utBITOy
rights OF property assured by other clauses
tolthe clause cannot be 30 construed without in
yolvlng the power to regulate tho rates to hi
charged by vessels engaged In witt
foTeiGn nations, and also prices generally II
The practical side Of the subject 10 then taker
up ana the pertinent question asked: "Suppost
S9ngress has the right to fix future railway
rates upon interstate traffic, is the exercise O
such 9 power desirable or wiser Mr.. Walker
~ reply TO this question, calls attention to tn,
raet mat, II Congress can confer such a powel
upon n commission IL can exercise Il directly.
so see where this would lead MS" he says
ont or two concrete cares out OF thousand
nay pc suggested. Suppose a member from
r SeSrg on should introduce a bill TO reduce tn
from points In Georgia to Chicago. and snppos,
Y that the rate on marble from Vermont Il
Shlcago Is % cents per hundred pounds. TIL,
p m0rSIs fred reduction would shut out Vernon
tpry; New England would naturally rally I,
u ference OF Vermont, and the rate on marbl,
would become q political issue, with looalit,
a msSy against locality, with bargains to b
Thon, WITH personal interests TO be promoted
i hhsGSS IS no citizen who would not dcprecate tn
Songress. Nevertheless. such legislative expe
Ilments are In sight II we once concede the pro
prlety OF CONGREGATIONAL Ia1Islat;