The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-12-23

OF the country hearing separate causes or
prosecuting Investigations land shorter
notice than sixty days would not give the
Commission time to submit the cause
to the hearing of a full court without
interrupting other important business.
In the light of these facts, it seems that
this particular objection is very much
strained, and certainly cannot be held to
be in support of stable rates.
This contention together with the next
which opposes the publication and distri-
button of a National Classification to be
observed by all lines engaged in inter
state Commerce, are both questions upon
which even railroad experts are not
agreed, and certainly do not give cause
for unequivocal opposition to the entire
bill.
The fourth AMI last objection to the bill
is simply and plainly opposition 10 con-
ferring greater powers on the Commits
sion. 1t was not to be expected that
this portion of the bill would be adopted
without strenuous opposition, but it was
hardly to be expected that opposition
would come from any organization of bus
mess men. This opposition involves the
very existence of the Interstate Com
merce Commission itself, for every one
knows who mas given the matter any con-
sideration at all, that as at present con-
stituted, and under recent decisions of
the courts. the Commission has been
emasculated to such an extent that its
powers are virtually NIL.
The Louisville Board says 1.-The whole
effect of this section CD is to give the
Commission absolute power over the rates
of all interstate traffcs." We were under
the impression that the object of the law
creating the Commission was to give it
this power Certainly the public sup
posed the Commission had this power I'M
der the law. and 1t was exercised UP to
six years ago, when the question was
raised and the courts decided that it did
not possess it under the law as it then
stood. This bill we hope will legally con-
fer this power upon it.
The Louisville Board says under the
provisions of the law as it now stands,
the Commission has the power not only to
hear complaints filed by shippers or COM
mercial bodies. or others. but also to
make Investigations of its own motion.
What tremendous and far-reaching conse-
quences are involved in this? Even your
own committee could 10 as much and
their Investigations would accomplish the
same resultsi Any one who has watched
the hearings" of the Interstate, Com
merce Commission, including that in our
own city, and has noticed how permanent
ly and calmly every complaint is put to
rest, can but come to one conclusion, and
that is that the Commission itself has
decided not again to expose it's own i'm
potency to public gaze. if it can avoid it
The power to investigate in the re-
strcted sense in which it belongs to the
Commission does not extend to and en-
brace the right to legislate a remedy
Under the present law, this power is lin
tied to a judicial determination OF the
fact: and while the rate may be adjudged
scription would operate to restrain its
enforcement, except on appeal, the Com
mission is without power to prescribe and
iegislate what in it's judgment is proper
and righteous rate In a word, its pres
ent powers are judicial as distinguished
from legislative, and the primary purpose
OF the "Culom Bill is to remedy this
defect by clothing the Commission with
powers requisite to accomplish the pur-
pose of it's creation. With the judicial
and legislative powers operating in con-
junction, the purpose to regulate inter-
state commerce will become a realized
fact Under present conditions an analo-
gous case would be a system of civil juris
prudence wherein a wrongful taking and
holding of property having been estab-
lished, the court would be powerless to
force restitution.
Such a condition would be a travesty
on justice. and such system would not
be endured, and yet the traffic conditions
1ryI,; oI, IN, fho h oY1d oprn Cf
the progress of Wilmington are no less
travesty on equal commercial opportun-
ity, while the Commission is powerless
to give redress, and therefore. obviously
reluctant to pass a judicial opinion in the
absence of power to legislate a remedy.
The final argument of the Louisville
Board in opposition, we are willing to
quote in support of the bill: "The Com
mission under this law if enacted, would
become rate-maker for all railroads. and
would have power to affect the CONNER
cial interests of every city and town in
the united States and would per-
nit the Interstate Commerce Commits
sion to absolutely dominate the transpor-
tation and commercial interests of the
entire country"
AS this would be in exact accord with
the decisions of the Supreme court of the
United States in the celebrated Granger
cases and many others since. that the
control of common carriers and their reg
udation as to rates and in all other mat
tiers rested in the government we may
feel no uneasiness as to "the revolution
airy character of the legislation.
The president of two great systems Of
railroads in a recent address to the In
terstate Commerce Commission spoke as
follows:
Men managing large corporations,
who would trust their opponents with
their pocket book with untold thousands
in it. will hardly trust their agreement
for the maintenance of. tariffs while they
are in the room together Good faith
seems to have departed from the railroad
world so far as traffic agreements are
concerned" And again the same gentle
man says: Regulation by the people
has come to stay, and railroad manager
who does not recognize that fact is back
number Fully sustaining this position
the Interstate Commerce Commission in
its 1899 report says: THE situation has
become intolerable. both from the stand