Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1898-05-04

cee0 IN the courts Tor their correction
Il Is now proposed that ali orders OF The
commission, made in the exercise OF the
sweeping powers, partially enumerated
above, shall be self executing that IL
shall take effect simply by virtue Of the
commissions decree, without cOnsidera.
tion OF any court; and IL anybody VIC.
lates them, penalties will be imposed just
as fines are imposed for violating acts Of
congress. The purpose Is TO change the
commission from a ere auxiliary tribu-
nal, assisting the O.. Is in their lawful
work, into q tribunal with vast original
powers far greater tLsn any court can
exercise, and which can be made effective
without any resort 10 the courts.
The field the commission now covers
within its properly defined legislat i've
limits is n OF great magnitude. To en-
able IL to do effective service In the In.
terest Of the public. congress has given
II inquisitorial powers 10 detect viola
tons OF the law on the part OF railroad
companies, and may cause prosecutions
TO be instituted to punish violations Of
the law; and besides all that, II may In.
stitute In It's own name complaints be-
fore itself and then proceed to hear and de.
termine them. $685. II can,
therefore, be detective, plaintiff, prosecu.
tor, and court relative 10 the same mat
tor. IL now asks that It's determinations,
made under such circumstances, shall
take effect without being required to re.
sort TO any real judicial tribunal for con.
sideration or enforcement.
But the commission demands much
more than this and Senator CdllOm's bill,
II passed, provides what is demanded.
What IL asks Congress for authority to 10
In the mstter OF liking or prescribing
general freight and passenger rates Is
what 4 select committee OF the United
states Senate In 1886 de:lared In its re.
port 10 that body 10 be impraeticable.
La that report II says:
"IhoJe who have ASKED the adoption Of
this plan OF regulation have suggested
the establishing OF rates by u commits.
sion, but II Is questionable whether a
commission or any similar body OF men
could successfully perform q work OF
such magnitude, involving, ~ it wonld,
infinite labor and investigation, exact
knowledge rs 10 thousands Of details, and
the adjustment OF u vast variety OF con-
ileting interests"
Speaking also on this feature shortly
after the organization Of the commission
Judge Cooley said:
"Ihe commission would, In effect, be
required 10 act as rate. makers for all the
reads, and compelled 10 adjust the tariffs
80 ~ to meet the exigeneieJ OF business,
while at the same time endeayoring to
protect the relative rights and equities
OF rival carriers and rival localities. This
la any con siderable State would DO an
enormous task. In q country 30 large as
ours, and with 30 vast u mileage OF roads
IL would be superhuman. A construction
/ VI buO cbnNuNo NhANh bhOuAu ANHulit ANa
performance would render the admins.
tration OF the law altogether impTac .ic'
able"
By these citations II will be seen that
what the commission, as now constituted
demands, Is what both q select committee
OF the senate and the commission itself,
when presided over by Judge Cooley,
declared TO be impracticable.
There Is nothing In the conditions sur
rounding the problem Of interstate COM
MERGE as they now exist different from
what they were In 1856 that would seem
to justify the innovations contained In
the provisions OF the bill. The reasons
presented by its friends and the argu-
menls offered in support Of them are
found, on investigation, to be without
force, because based upon a miseoncep-
tion and partial statement OF facts. The
article very thoroughly exposes those, and
points out that even IL enacted into law
the provisions OF the bill would not cor
rect the only general serious evil which
now exists with respect 10 interstate
rates OF transportation. IL closes thus:
"The f~ar-reaching legislation begged
for by the commission Is consequently
unwatranted by actual conditions. IL Ii
unsupported by any OF the reasons urged
for II, such as the pretext OF the danger
from pooling, or The mistaken c~ititatiOn
OF highlands example or the false a.
sumption that congress ever intended u
confer such powers, or the representation
that the courts have deprived the act OF
It's effect or shOrn the commission OF its
usefulness. There is thus an utter fail
ure 70 show any reasons or arguments In
favor OF such radical innovations. These
considerations, coupled with the fact that
compliance with such ambitious aims
would make the commission the absolute
aTbltOr and distributor OF commercial
aud industrial prosperity, with almost
unlimited powers OF detrimental inter.
terence with legitimate commercial en-
terprise in every l0cality-now safely
regulated by that great corrective, com
petltiOn,-win surely condemn the dan
geTOus demands Of the commission, and
result In their emphatic refusal"
on last Saturday, Gov. 0terO appointed
Hon. Silas Alexander M district attorney