The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-05-03
Territorial Uniformity OF Compulsory
.f Railway Competition.

Our President is brave man who has
the courage to lead in campaign when
and where he is convinced national Re-
publican nominating convention will
surely follow. He should be perfectly
acquainted with the constitutional, stat
utory and judicial history Of the railway
problem of his country, or else he should
not be rdogmatic regarding its wise and
safe solution. That acquaintance may
have enabled him. in the solitude OF the
Yellowstone, to forecast with confidence
the result OF drastic application all over
the land OF recent judicial decree which
he il entitled to the distinction Of having
promoted. ,-..-. ~.
BLAcKsToNE's Lucubrationes viginti
Annorum" is needed by most men in
order to realize accurately what the
States, Congress and the courts have
done in aiding or retardiny, railway
evolution since, in 1928, ou: railways
began. ~t'A - g. H.
In the beginning there were free trade,
free construction and free competition
for them. There could not be too many
The Government at Washington offered
free land, States gave charters for the
asking, counties and towns promoted
and foreigners furnished money. Free
dom was the rule
Out of that, as our President knows,
came to the Supreme Court at Washing
ton confused and confusing condition
Of affairs Lawyers persistently argued
in behalf Of the railways that there was
no Government which could lawfully con-
troll railway directors in fixing rates, and
especially when State charters had con-
ferred that power on the corporation. In
1869, the through rate out from New York.
under the influence of cut-throat COM
petition YRS changed twenty times:
in 1870, eleven ines; in 1871 nine times,
and in 1878, fiyt times. Every year we're
enormous. nuc nations, as from 81 .sS to
40 cents hundred pounds, and suddenly
back dGain. Stability OF rates was nom
existent
MI. ROOSEVELT. and Mr.. BRYAN will
recognize Nebyaska as, then and since, a
typical Western State, in which discon-
/ tented agricuI;nrists fastened, on the
railways the responsibility for diminish
ing prices and mortgaged farms, a por-
ton Of which should have been borne by
faulty greenback or silver legislation at
Washington. -. y.
Finally, in 1875 or thereabouts, Granger
railway cases crowded at Washington the
Supreme Count calendar wherein rail-
! ways complained Of injuries inflicted on
them by State Legislation in violation of
the Fourteenth Amendment 6f the Con-
stitution.
Besides tte railway complaints was one
by owners of warehouses and grain
! elevator in Illinois, complaining Of a
statute Of 1871, enacted by that State,
which fixed prices for the business. In
face. OF q powerful dissent BY Jastces
FIELD and STRONG, the court decided
that the owners Of the grain elevator.
! having devoted il 20 q use" in which the
public has an interest, the State Legis-
lature could fix prices for its services, and
if the owners were dissatisfied they must
appeal to the ballot boxes for q Leaisla-
i,Te that would fix other rates. The prop
! erty interests of the country wero In con-
sternation lest oon6scating rates might
come to railways from Stale Legislatures.
They did come. Tho Supreme Court was
constrained to add tbs adjective unreal
sonable,' as the voters will, soon or
late, compel Congress and the courts to
add unreasonable to the phrass re-
straint OF trade in the Law OF $780,.
When the President In some tranquil
moment. shall have rcd again tho opin-
ion OF the Supreme Court In tho Mime
sofa Railway Commission . Gases, his
alert eye will fasten on the declaration
therein contained that. the power to
regulate Ia not q power 70 destroy He