The Topeka state journal., 1905-12-22
LONG ON RECORD.


{ Continued from Page One.)
house, it contained no provision for a
commission. All Of the controversies
arising under it were to be determined
by the courts. The interstate com
merce commission was created by a
senate amendment to the bill and was
finally agreed to in the house. The
original act gave the commission
large powers of investigation and pro-
vided for the institution of suits in the
courts to compel obedience to its or
ders- In 1897, the supreme court de-
cided that the commission did not have
the power to fix a rate for the future
to take the place of one that it de-
termined was unreasonable and unjust
The commission had exercised this
power prior to the decision, not with
out question by the railroads, but in
most instances, with their ac-
Qulescence. Ever since the supreme
court decided that the commission did
not have this power, there has been an
effort made to give the power to it.
The courts have always been open to a
shipper who wished to attack a rate
as unreasonable and unjust. He could
always bring a suit and recover the
excess above which the court might
find was a reasonable rate. Under the
interstate commerce act instead of
bringing the suit in court, he can lodge
his complaint with the commission
and ask for an investigation and or
0GL- LAC ClllEL CIlLlClSlll IfldQG DY SNIP
pers on the present procedure is the
long delay and their inability to Sc
cure speedy action on their com
plants It is admitted on all sides
that additional legislation is necessary.
II IS generally understood that the
legislation will be enacted at this ses-
sion of congress-
The president recommended certain
legislation in his message of a year
ago and he made other recommended
fiOnG his Ia mr.
is that the question is up, and is re-
ceiving careful and painstaking at
tentiOn by senators and representatives
upon whom the responsibility rests to
shape the legislation. The courts in
their decisions have said what can be
done and what cannot be done, and of
course, everything that is done should
be we'll done so that it will not be de-
clared void
President Roosevelt in his last mes
sage says it is not his province to in
dicate the exact terms of the law
which should be enacted. but he calls
the attention of congress to certain ex-
1Sung conditions with which it is de-
sirable to deal The prediction that
the president would, in advance, put
the stamp of his approval upon a par
ticular bill has not been realized, for
he has wisely considered that while it
is his province to recommend, the re-
sponsibility is upon congress to shape
the legislation and pass the bill sub
ject to his approval.
RooseveIt's Change of Front.
To show the difficulties that sur
round this question and the changes of
opinion that come after full investiga-
tion 1 call your attention to the rec
concentrations of the president last
year and this. In his message of a
year ago, he recommended that au-
| thority be given the Interstate COM
merce commission to fix definite rate
3 IL =
his last message, he recommends that
the interstate commerce commission
or some other administrative body be
given the power, not to fix a definite
rate, but a maximum rate; an entirely
dlIferent prOpOSluOn- Last year he
/ recommended that the rate made by
the commission should go at once into
effect and stay in effect unless and un-
/ til the court Of review reverses it. All
admit now that this would make the
whole law invalid. This year the
president recommends that the de
cision shall go into effect within a
4 reasonable time and to obtain from
thence onward subject to review bV
the courts. Such a law would be valid
! because it does not attempt to take
/ from the courts the power Temporarily
/ to restrain an Illegal act during the
/ tendency of the suit that finally de-
/ termines its legality.
! It is well known that at present all
i agreements made by railroads as to
/ rates are in restraint of trade and are
4 Illegal. It is also known that it would
4 be impossible for the great transporta-
/ ton companies to carry on their bust
/ ness without some consultation in ad-
+ vance as to rates and yet all agree
4 ments of this nature whether reason
+ able or unreasonable, are Illegal under
+ the antitrust law. In his message The
/ president says that the power vested
i in the government to put a stop to
agreements which are TO the detriment
I of the public should be accompanied
/ by power to permit, under specified
conditions and careful supervision.
! agreements clearly in the interest OF
/ the public Under the recent recon
4 mendations Of the president, no at