Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1900-04-26

states to foreign country, the national
government alone can act. Most trans
portaton In our country Is Interstate. and
from this 1t follows that the national gov
eminent Is the only authority which can
deal effectively with that question.
'The right of the government to reet-
late railway rates has been repeatedly af-
hfmed by courts of last resort both State
and national
The first attempt upon the part OF Com
PrcsS In this direction was I'm 1887 when the
interstate Commerce Act was passed The
nrst three sections of that act declare that
an rates shall be reasonable, that they
shall work no preference between com
modify or locality and that every person
shalI enjoy the same rate. The balance
or the act is devoted to providing machin-
cry for the enforcement Of those prnci-
pies. The principles are universally adj
mltted to be right; the machinery upon
trial has broken down.
How shall the benefit of these princi-
pies be secured TO the public? Why not
leave 1t to the courts? There are two con-
trolling reasons, one of law and one Of
policy.
1. The court has no power to apply the
only effective remedy.
Damages afford no practical relief from
unreasonable rates. The Kansas farmer
sells his corn to the middleman, who ships
1t to market. The mddlcmau pays the
freight rate and is therefore the only per-
son who could sue TO recover an excess
hut the middlcman has bought the grain
upon the basis of the freight rate If the
freight rate was too high, tho price which
he paid the farmer was too low. Tho
farmer Is the one who lost by the tran
saction, but the farmer can maintain 10
suit. 1t might be the consumer instead
of the producer who has suffered but in
this case, too he has no right of action
uh u
exceptions. the party who suffers from
an unreasonable rate cannot maintain an
action for damages.
This even more so in cases of discrm.
ination or undue preference. Nhat
damages can a community or the mem
bers of n community obtain whose cX
stence. even, has been snuffed out by a
rate discrimination? The only practical
remedy in all these cases looks not TO The
past but to the future: the wrong rate
must be made right. This does exact
justice to all parties and nothing else eau.
While unreasonable and discriminating
rates everywhere abound it may bc
doubted If judgement in damages has ever
been entered on that account.
But the United States Supreme Court
has held that the fixing of a rate for the
future is an administrative function which
cannot be delegated to a federal court
but which must be exercised by Congress
itself or by a Commission.
2. If courts could be vested with the
necessary power who is to act as the
plaintiff? The grain rate may be a mat
ter of hundreds of thousands Of dollars
to the State of Texas, but of compare tive
ly small amount to any one individual.
Can any one person afford to raise and
prosecute that question for the benefit Of
all? Can you array the little farm or the
little mill against the millions Of dollars
which are opposed to it? In many cases
the shipper would not dare to begin pro-
ceedings. Before they could be concluded
he would have been forced out of exist
enCe.
THE length of time required would be an
insuperable objection. 1t has taken on the
average nearly four years to obtain final
decision in the courts upon these ques-
tons.
Courts are powerless to deal with this
subject. There must be an expert COM
mission OF some kind which can receive
and hear these complaints without the
delay and expense of the law and whic h
has power when it finds "a wrong 10 make
1t right.
Just this was undoubtedly the purpose
of the original act. II is certainly the
purpose of those amendments. The rail-
ways object TO that bill because they say
that it puts into the hands of the com
mission the making of the rates for the
States. That is not true. The commits
sion has no rate making power in the or
binary sense of that term. The railways
can make and put in effect in the first
instance whatever rates they fit. If
complaint is made that the rates so ts-
tablished are in violation of law, the com
mission hears that complaint. If after
such hearing, which must be upon full
notice to the railway it decides that the
rate is wrong, il has power to direct the
carrier to put in rate which is right and
what objection can there be to compelling
the railroads of this country to make rates
In accordance with law?
1T is objected that tribune constitu-
ted as that is comes 10 regard Itself in
some sense a the champion of the people
and might be prejudced in it's decisions
in favor OF the complainant But every
order which the commission can make is
renewable in the federal courts and may
be carried to the Supreme Court of the
United States. which finally passed upon
the lawfuness and the reasonableness of
the order. Pending the litigation the CouI
has power to suspend the effect of the or
der. What securer protection could be af-
forded the railways OF this country than
submit every act affecting them to the
arbitrament Of the highest tribunal in
this land?
1T is said that the commission might
70
ted States. So might the Supreme Court
declare every law passed by Congress or
by any state in the Union demonstrations
al II the Interstate Commerce Commits
sion holds and the Supreme Court of the
United States concurs in the opinion that
every interstate is wrong. then those rates
ought to be changed. Not one of them
could be changed otherwise
1T is said that the Interstate Commerce
Commission is not competent to pass up
on those rate questions. Granting that as
to the present commission is it true of n
tribunal constituted as that is. 1t consists
OF five members appointed by the Presi-
dent, holding office for six years, receiving
a compensation in excess of the federal ju-
dietary. anG engaged continually in the
trial OF those questions from all parts Of
the country. If better tribunal can be
created, this one can be abolished
1T is urged by the railways that no
commission can deal with these rate
situations. The idea seems to be that no.
body not specially ordained can deal with
a freight rate, and that the right of ordi-
nation consists in putting the party upon
the payroll Of a railway company
How are the interstate rates of this
nation made to-day? Is 1t upon any basis
of reason or Justice? Not long since the
traffic manager of a great system testified
before the Commission upon this subject
After saying that value had little to do
with it, density of traffic little to do with
II. cost of service almost nothing ne said
that the railways got all they could get.
who makes the interstate rates of this
country? Is II the acute and high priced
"a.