The Washington times., 1904-12-12
The Cooper Bill.


backing OF Governors La Toilette, Van
SAINT. and Cummins. Tor the regulation
OF railroad rates
Successive decisions of the courts
have stripped the commission of its
powers 10 no more than an ability TO
oriticise ana recommend. This inn
potency has been keenly felt by the
commissioners for several years.
The stand taken by President Roose-
welt in his message, and the preparation
or the bin, have given rise 10 hopes that
powers may be created under which at
least the most hagrant of present
abuses can be corrected.
Mr.. Clements Views.
In speaking of the present weaknesses
OF the commission, the most common
abuses of the law, and the powers
needed, Interstate Commerce Commis-
sioner ]. q. Clements said yesterday;
Grievances respecting rates are of two
classes; first. those alleged 10 be unrea-
sons-bly high, independently considered;
second. those alleged 10 be unjust be-
cause unduly discriminating as between
persons, places. or commodities.
Any system OF regulation Omitting
control of the vital and fundamental
matter VI TRANSPORTATION tLaEEES VIII
ever of necessity fan Tar short OF the
benencent ideals OF the law. thar ali
rates must De reasonable and just
IN the present state of the law the
rates shall be eXacted OF shippers. and
there Is no adequate means OF restrain
ing the enforcement of rates shown 10
be unreasonable or unjust
A Revolutionary Cry.
ssTf a. -IaFr,ag t..- 60. ss,,+ a.. 49,
else OF public authority 10 restrain the
enforcement OF such rates by ascer-
tanning ana fixing just and reasonable
rates 10 take their place would be
unique. revolutionary, and destructive
OF railway property. It is further con-
tended that railway transportation Is a
commodity Tor sale Ike the goods Of d
merchant.
ut is not a commodity for barter and
sale ike goods. but IS a public service
authorized by the State. under moral
and legal obligations that the service
shall be performed at reasonable rates
and with relative equality 10 all in mat
Iers OF charges and facilities.
within the lifetime or many men
now living. the whole system OF rail-
ways IN this country has been estab-
usned. We now have about 208, 900
miles, not including double tracks and
switches. Notwithstanding the author
lily IN. the Constitution from the begin
ming 10 regulate commerce, 81 was not
FOUND necessary 10 exercise this au-
thority until within recent years.
In Actual Competition.
Formerly the roads We're operated in
dependently and in actual and forceful
competition.
IN late years the whole condition has
changed. Combination and aggregation
By one form or another have substi-
tuted common control and cooperation
Tor the Independence and competition or
former times.
''In the last year for which We have
Iul reports, ended june 30, 1e03 The total
receipts or the carriers aggregated in
iouhd nBuFes about S2,l0Ou coo coo.
About 81 800 900 600 OF this sum We're
the gross results Of the transportation
or passengers and property. Their re-
ce4pts from transportation as Will be
seen, more than exceed three times the
gross receipts OF the Government OF the
United states from all sources for the
last fiscal year.
'iney are nearly equal 10 the gross
receipts or the Government for one
year and the total value OF all OF our
domestic exports for the same time
The railways are operated primarily
and mainly In the interest OF their own
ers Tor the ultimate object OF dividends
Is iL reasonable 10 suppose that in tbe
adjustment of ali tariff rates for this
purpose there VIII be no disregard OF
the rights OF othersF
Prosperity Of Patrons.
"It is sometimes claimed that il is so
much TO the interest Of the carrier that
its patrons shall be prosperous that the
shippers may safely rely upon this self
Interest Of the carrier 10 protect The
rights of its shippers.
'it Is contrary 90 all human expert
ence that We can rely upon the interests
OF one party 60 protect and properly
Safeguard The rights OF another.
There ls nothing unique in the appIl-
eaton OF The proposed remedy Tor Thr
evils complained OF. 10 IT, as old as the
common laW, and as human civilization
iIscif. tuut where coutcndIug parties are
at Issue in matter respecting which
both have rights the issue shall De- tried
and settled by some other agency than
Pos one cf the parties Go the controversy.
There Is rg conuscatlon involved in
the proposition The courts are open
and The Constitution itself can be in-
Foked by the carriers lu case the com
mission should under amended law uu-
dertak- tJ H& and enforce "a coutiscatOry
nf unrrasouHhly ioW rate. The rights Of
fhr carriers lu this respect can not be
taken away or destroyed by the COM
mission ur by Congress.
Constitutional Principles.
Why should not the principles or tEe
Constitution in this respect De- applied
FOR the protection of the shipper? When
unreasonable rates are exacted and The
shipper has no alternative but 10 pay
Them. his property is couhscated 10 the
extent that the rates are excessive.
-lt Is said that the Investments in
railway property are sacred ana should
be protected This Is true II ia equally
true that the property and business Of
other interests should have liEr pr0tec-
IiOn. no more and mo- less.
III is urged sometimes that the
courts being open 10 ugerieVed ship
prrs they can resort Go suits for dam
aErs and that this Is sufficient 10 pro-
tcel their rights
'"This is probably Il sufficient remedy
for wrongs and injuries growing out or
lse violation of contracts, and The com
missions of tOrts. but .as a remedy for
tie injuries resulting from unreasonable
and unjust rates it s. little more than
noekery.
This Is true because OF the nature
of the business-lts peculiarly often
Ia respect 70 the important products OF
the country the shipper is Il dealer OT