The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-17

critical moment the progressive rail-
way managers of the country should
join hands with the president and his
advisers and the able and patriotic men
who are the leaders of the two houses
OK congress in an effort to reach a COM
promise that will fix upon something
approximating a scientific basis the OPP
erationS of the wonderful system of
railways which we have in the United
States and reduce to the lowest possible
minimum the friction that arises in the
relations between our great common
carrier public service and the public.
If the problem be approached in this
spirit 1 believe we can secure results
of inestimable value to industrial
America, the railroads included"
Secretary Morton has outlined the
compromise scheme described in the
opening paragraphs of this dispatch
Government supervision of rate
making in the interest of fair play to
both railroad and shipper is bound to
come" added Mr.. Morton, land the far
sighted and progressive railway man
BILE and joins hands with those who are
working for reform and tries to secure
an arrangement that shall be mutually
satisfactory.
with such supervision provided in
law there is no reason that 1 know of,
from any point of view, why the roads
should not be permitted to apportion
their earnings among themselves-in
other words. to pool. The only objec-
ton to pooling is that it may be used
as an instrument of extortion. With
out government supervision of rates
pooling can never be legalized. But with
pooling disappears Shippers say they
do not care how the railroads divide up
the money so long as they earn it fair
ly. LOCALIZED pooling would permit the
railroads to stop rate wars and disas-
trous competition. 1t would secure sta
bility of rates as desirable to the ship
ping public as to the roads.
Power to hold hearings on COM
plant and to issue DEGREES as to read
justments should be placed in the hands
But in my opinion it would not be
equitable to have the new rate decreed
by the commission go into effect lmmed
lately and stand till the court should
ultimately decide the case. That leaves
the railroad no redress or recourse It
could never recover the lost earnings if
the court were to hold that the original
rate was reasonable. That comes too
close to confiscation or to taking away
property without due course of law,
and in my judgment is unconstitutional.
Instead of that, the railroad should
be permitted to go on charging the
original rate by filing an indemnify
ing bond sufficient to cover the sums
involved. If the final decision goes
against the road, it simply refunds the
difference between the old rate and the
new. 1nlS is SQulIdDlG 10 DOll4 SA00Ss
while the other method is distinctly
unfair to the railroads. 1t would be
a jug-handled arrangement. Under
my plan both sides are protected
eff 1 had my way I should create
an interstate commerce court of three
justices to sit here at Washington to
hear all cases arising under the pro-
posed law, without appeal to the SUI
preme court of the United States, ex-
cept when questions of constitutional
Interpretation are raised A small
court would be better than a large
one. 1t should be composed of the
ablest experts in railway law and prac-
tice to be found in the United States.
Their salaries should be high. 1t
should be a bench comparable In abil-
ity and dignity with the supreme
court. I think a central court, organ
ICED for this express purpose, prefer
able to circuit court of interstate
commerce such as has been proposed
by Senator Elkins and others 1t is
also much better than the present
system of having interstate cases de-
cided by district judges throughout the
country The district judges are able
men, but some rule one way and some
another With central and special
lied tribunal we should soon develop
a new Jurisprudence of high class and
great public importance.
sit seems to me-" said Mr.. Morton
in conclusion, "some such compromise
as II1aC winch nave outlined WOuld
be good public policy, advantageous to
both railroads and shippers. I know
that President Roosevelt does not
want any drastic legislation, and
know that he does want justice to
both sides. For instance, the law
should provide that not only ag-
grieved shippers may go to the COM
mission and to the court for redress,
but when a railroad thinks a rate too
low it. too, may ask for an investiga-
ton and a readjustment. 1t is a poor
rule that will not work both ways.
And finally, it should be provided by
law that common carriers must provide
cars and terminal and side track facili-
ties, treating all shippers alike. Men
who have invested in private car lines,
side tracks and similar auxiliaries
should be recompensed-that is, their
property be taken over by the railroads
at n fair valuation. The private car
system, the private side track and ter
minal have become instruments of gross
and outrageous discrimination, devices
for getting around the law and secur-
ing advantages over rivals. All such
things are contrary to the spirit of fair
play which animates the American peo-
pie and cannot long endure. The time
has come for the square DEAL
Secretary Morton has taken hold of
this most important subject in earnest.
During the past few days he has con-
ferred with a number of leading rail-