People's voice. [volume] (Wellington, Sumner County, Kansas) 1890-1917, 1898-02-03


F. Walker, Of the Atchison, Topeka
and Santa Fe Railway Company,
considers the following three phases
OF the subject:
First. That of constitutional
right.
Second. That of practical com.
mon sense.
Third. The demand for addi-
tional power in this direction in the
last report of the interstate COM
merce commission.
THE CONSTITUTIONAL RIGHT.
In touching on the question Of
constitutional right TO legislate on
railway rates, Mr.. Walker quotes
an interesting array Of authorities
and endeavors to bring the decision
back to its original meaning, elimi-
mating every consideration save the
naked definition OF the phrase
"what is it to regulate commerce."
This clause Mr.. Walker contends
must be construed so as to harmon
lie with the fifth amendment, which
restricts the powers OF congress,
much as the powers of states are re-
Stricted by the fourteenth amendment
In regulating the subjects OF inter
state and foreign commerce, we may
concede right to promote the ex-
change of commodities, when
deemed desirable for the common
good, and to suppress the exchange
of such as are dangerous to life,
health or the general prosperity; but
not to forbid traffic in legitimate
property, such as the neCesSaries Of
life, its comforts and its Injuries.
In regulating the persons engaged
in commerce, We may admit right
to examine and license shipmasters,
engineers, ETC., for the safety and
protection of all concerned, bat not
to exclude any citizen or designated
class of citizens rom the purchasa
of seaworthy ship, or of wagons, or
railroads, or their employment in
commerce. In regulating the instru-
ments of commerce We may allow
the existence of power to supervise
the physical operation of vessels,
railway trains, etc.: to see to it that
brakes are continuous, ship boilers
safe and life-boats ample. But when
we come to the matter of contract
ing for services to be rendered we
find that property, by the fifth
amendment, is as sacred as life and
, liberty, and that any common car
rier rendering his facilities to the
public may make his price what he
will, subject to his responsibility in
the courts for damages if he COM
mits unjust discrimination or extor>
ton.
The reasons given by Mr.. Walker
for questioning the power of congress
to prescribe future maximum rates,
enforceable by injunction, may thus
be epitomized:
First. No such power was con-
templated by the trainers Of the con-
Stitution.
Second. The constitution has not
yet been so construed by the su
preme court.
Third. The words regulate com.
merce" do not imply its existence
on any fair construction Of their
meaning.
Fourth. Such a construction
would interfere with and destroy the
rights of property, assured by other
clauses.
Fifth. The clauses cannot be SC
construed without involving the
power to regulate the rates to be
charged by vessels engaged in com
merce with foreign nations, and also
prices generally in commercial
transactions.
is THE EXERCISE OF SUCH PowEF
DESIRABLE OR Wiser
The practical side of the subject j:
then taken up, and the pertinent
question asked: Suppose congress:
has the right to fix future railway
rates upon interstate traffic, is the
exercise Of such power desirable Or
wiser" Mr.. Walker, in reply to this
question, calls attention to the fact
that, if congress can confer such 4
power upon commission, it can ex
ercise it directly by act. To see
where this would lead US one or two
concrete cases out of thousands
may be suggested. Suppose a
member from Georgia should intro
duce a bill to reduce the rate on
marble to 25 cents per hundred
pounds from points in Georgia tc
Chicago, and suppose, also, that the
rate on marble from Vermont to
Chicago is so cents per hundred
pounds. The proposed reduction
would shut out Vermont marble from
large part of its present territory
New England would naturally rally
to the defense of Vermont, and the
rare on marble would become 4