The San Francisco call., 1904-12-21
FIXING RAILROAD RATES.

light upon this interesting and inn
early stages public regulation of railroads, when the
matter the heat of passion and prejudice many State glsa
entered the business making with the result that
entirely unworbe laws passed. that caused oppression
the shipper they did the roads As injury to the
railroads was the purpose OF the passion IN whh uee a"s
that
stage of railroad regulation by the creation OF executive
Where these were invested with powers beyond making
proved people Such Of
; md f,c;le furnished 20 ,;Dnec proved usef, and justified
their creation But the fixing of by such commissions has
proved be difficult the duty when it treated
legislative Many attempts made and many
Finally the Minnesota the right fix
carried into the courts and the the line
10 the Supreme Court United States
that making dealing with property rights with the property
rights of the shipper and of the corporation and according the
Federal this be done only by due of law
The eamed the principle that the only due of law
Is the judicial and that matter where making starts
whether in the freight department of railroad State Legs
ate State commission protested must under judicial
review
This wonderfully Illuminating decision It was the first
useful guidance the subject that the country has received 1t
did obsolete the making of the Legislature the
delegation o. that power TO an executive COMMISSION Dut erecte
the right of appeal from either the for the protection Of
the rights OF property Since then have had but few attempts at
making enjoyed independence
lading by which
tended liability OF transfer the
insurance risk the shipper evidence that independence long
enjoyed subject abuse and the Presidents recommendation calls
the front the old making public supervision di
cd at that point where public interests most affected by rail
road policy.
An O wf0e subject a temper
without prejudice dcoses OF friction and few prnci
pies adjustment No dispute expe-
required making
OF freight departments railroads. The
public making furnishes examples of injury class
shippers trying
The long long and
OF this But when rate nrnges the rights OF shipper IS his
property right that suffers and he seek judicial protection
Here appears the advantage of the railroad The individual
shipper must challenge alone in the courts Against its
litigation he his the against the corporation From
the of first instance the steep and path appeal
ne must MAINTAIN the unequal struggle As rule he tails and quits
the of original Jurisdiction and surenders the property
Gated
Now suggestion plain Congress en-
powered by the constitution inferior and define and
limit their jurisdiction The of the Interstate
Commission bench will Presidents recon-
due OF law That commission clothed with judicial powers
made of first instance for by shippers and railroads
should have that
barrass and exhaust individual gant There
change Of forum or venue permitted and none of the other daorv
echncaies of procedure. The complaint against
filed petition for relief The should be compulsory
fixed limit When be promptly Joined
and tried the facts and the entering the should
prompt is consistent with justice The plaintiff could in his
petition pac the rate that ne attacks and declare that which he
regards reasonable and just The defendant corporation would
in reonder mPeach the he proposed and by testimony nd
cate It's The decree then OF necessity establishes by
judicial process and uh the Presidents suggestion while judi
cialy safeguarding the rights of property.
This the objection putting question
hands Of political body like the Interstate Commerce Commission
constituted The judicial commission would recog
nze impartial body unmoved by prejudice and mpervous
seeking do justice by applying the principles legal
produced by people profit by
people for the support of life In such the individual
could appear earssy The provisions against deay
would make him equal in right and privilege and all the
railroads country combination be
him to lose the litigation that he defends
by appeal to the law.
Jurisprudence to pass that property rights
have largely been consigned equity for protection
large covered by those rights the law
that this will be largely equity court
from decisions there will be appeals
before which railroad is equity
This Of regulation of railways has gone through
legislative and executive without settlement has
steps forward from the which College
decision planted the rights of property held by public
They have been forward fact and
evolutionary like
of all this they intended respect
rights without unequal advantage any, To put the
OF repose step has country
could forever with the railroads appealing
from fixed bv
Nor could the situation