The daily silver state. [volume] (Winnemucca, Nev.) 1903-1907, 1903-09-19
CONGRESSIONAL CONTROL OF RAILROAD
RATES

but now a conspicuous attorney OF
Los Angeles. Cal, has written an In
teresting and closely reasoned mono
graph on the question of congression-
al control of Interstate commerce.
His proposal is that the interstate
commission shall be clothed
with power to fix interstate railroad
rates. which p1ima facie shall be reas-
enable, but subject to modification or
vacation on the order of a new judicial
tribunal. to be called the commerce
cs.r,. wnCse jurisdiction shall run TO
all parts of the United States.
Preliminary to his argument proper,
Mr. Call marshals certain figures show
ing how railroad earnings have been
pushed up in recent years. From 1891
to 1901 the mileage of stream rail-
roads increased from 164,324 miles to
1885 miles, or 20 per cent; during
the same period gross earnings in
creased from $ l ,13S,6 17 ,416 per annum
to 1852, Ola, 4S5, or over AZ per cent;
during the same period the net annual
earrings increased from 1855. POS, $50 to
S591,6l7,415 or over IS per cent. while
the net earnings for 1902 were $685.
S., 2S7, or 50 per cent more than those
OF 1891. For 1903 the net earnings are
certain to be in excess OF 500, 000, coo.
Or nearly $40 per capita for the entire
population of the United States. The
average wealth per capita in 1890 was
sl03S and 1926 per capita in 1900 OF
net accumulation of S19 per person per
year. Mr.. Call concludes that approx
imately half the annual savings Of
the whole American people accrue to
the owners of railroad property.
AS this Of increment of value
to railroad property is not based on
additional money actually invested,
but altifcially comes from an enhanc-
ell earning power which arises from
taxing traffic all it will bear. Mr.. Call
asserts that congress should at once
provide the means for national regu-
lation of railroad rates. He thinks
ample authority TO do this is already
lodged with congress in the clause of
the constitution comforting the power
to regulate interstate and foreign
commerce, and that, therefore, no
amendment to the constitution is nee
essary.
Mr.. Call analyses at considerable
length the somewhat conflicting de-
cisions of the supreme court as to the
scope and nature of legal public CON
troll over railroad rates. He considers
it fairly we'll established as the law
of the land hat such control may be
exercised by legislative authority, .uu.
jeet to judicial investigation and mod
ification of the imposed rates if it can
ba shown that their effect is to de-
prive an owner of his property with
out due process of law.
AS the regulating or fixing of rates
is a legislative question, while the
investigation Of their r-easonableness
Is a judicial one. Mr.. Call would not
have the schedule made by a body
possessing mixed Legislative and judic,
ial powers. He would place the legis
lative function in the hands Of the in,
ter-state commission, ant
the judicial one of reviewing the ratei
established in a new tribunal to b
called the mme court. This cour
would have jurisdiction co-extensiv
with the of the whole coun
try, and orders of court would reac'
oye, lines of railroad as far as the