The Washington times., 1903-10-19
GRAVELY ACCUSES THE
COMMERCE COMMISSION
Ex-Treasury Official Charg-
es Body With Corruption.
RlNCIPLES REPUDIATED
So Says Joseph Nimmo, Jr., the Ac-
cuser, in Addition to Alleging Wrong
full Solicitation of Influence.

Grave charges are preferred against
the Interstate Commerce Commission
by Joseph Nlmmo. ir.. former Chief Of
the Bureau OF Statistics of the Treas
ury Department. I'm a treatise on The
Regulation Of Commerce Through a
Dispensing Power"
Briefly, these accusations are that the
commission has repudiated it's cardinal
principles; that it tried TO obtain COM
mercial Endorsement Of a plan to invest
the body with autocratic powers; that
Senators and Representatives We're
asked 10 favor the proposition. and that
the commission neglected to apply the
civil remedy for the suppression of vio-
latiOn Of the rate laws.
Politics Figure in Charges.
The pamphlet is prefaced with the an
nouncement that It is distfnctively a
political document. but without partisan
bias. The sketch then sets forth the
position of the commission at its
ganization in March, 1857, under guild
ance Of the first chairman, Judge
Thomas NJ. Cooley.
The main points established by the
body, then, he sets forth, were as fol-
lows:
l. The commission has no power to
prescribe rates before they have been
| impracticable because ''superhuman,
and violative Of fundamental principles
of our Government.
| .. The commission is not invested with
any dispensing power. That would not
| be consistent with sound principles OF
| government"
8. The commission has mo power to
/ apply the law by preliminary judg-
/ ment." mo such tribunal can be prop
erly erected
| Mr. Nimmo then shows that since the
retirement of Judge Cooley and his prin-
| cipal colleagues the commission has
proceeded to repudiate each one Of these
cardinal principles
He next brings 10 light certain acts
Of the commission which he holds TO be
grossly improper.
! The first of these consisted in allying
itself TO a propaganda committed 10 the
task Of inducing the commercial bodies
of the country to indorse its claims to
the exercise Of autocratic powers
| The second consisted IN the issuance Of
an official order by the commission to
its secretary TO address letters TO COM
merciaI organizations. requesting them
to petition Senators and Representatives
OF their respective States TO favor the
bill which purposed to confer autocratic
powers upon the commission, a dis
tinctly lobbying expedient.
The Gravest Charge.
/, The third and perhaps the gravest
charge preferred in that the commission
for fifteen years neglected % apply the
civil remedy for the suppression Of VIC
lations Of established rates. until the
month Of March. 1902. and that aftei
| Judge Grosscup had then applied tina
remedy on the motion Of the commits
| SIGN. and its success seemed certain, tbs
! commission one month later stultified IL
| self by appearing before the Commit
tee on Interstate and Foreign Com
merce OF the House or Representatives
in favor Of abolishing that remedy, and
I'm lieu thereof substituting an amend
ment granting TO the commission the de
sired autocratic dispensing power.
zTr Ninmo animadvCrts severely upoT
Commissioner Prouty's proposition In Z
recent address TO establish a dispensing
power over the commerce Of the country
IN defiance of the provisions OF the Con
stitution OF the United States regarding
the constitution OF that power
The most interesting feature Of hi
pamphlet is the chapter relating 20 tn
history of the dispensing power Of gov
ornmCnt He declares this 70 have been
in ali ages. the antithesis Of judicia
, authority and concouitant OF tyraan,
and oppression.