The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-03-27
RALLRoAns ~ C6uRrs
Ex-senator Matthew G. Butler on Fed
CraI Regulation Of Rates.


roads engaged in interstate commerce
is a long step, and fear a dangerous one,
toward socialism, paternalism and the
substitution Of arbitrary, centralized gov
eminent for one Of limited powers.
The question might properly arise: Can
Congress, under its general power 10 -regu-
late commerce among the several statea.
Indian tribes and foreign countries, dele
gate no important a function as the right
10 fix rates on approximately 100000 miles
Of railroad transportation to a commission
Of any kind2 Would It not be clear In
fringement by the executive and legisla-
tive departments Of the Government on
the legal, vested rights Of the people who
have put their money in railroads.
Under the general power TO regulate,
could 1t have been intended to give Con-
gress the right by commission to revise
and fix rates Of freight and passenger
traffic between the several States, Indian
tribes and foreign countries, whether
their traffic was carried on with stage
coaches, mule or OK teams, steam vessels,
sailing vessels, fatboats or rowboatsi
That provision OF the Constitution was
dormant and practically unenforced for
nearly a hundred years after It's adoption.
II, in the meantime this right to fix rates
as a part Of the power TO regulate was
ever applied to any Of the above instru-
mentalities for commercial intercourse,
l am not aware Of it, Railroads, Of course,
were not dreamed Of. But has Congress
any stronger or better legal or consutu-
tional warrant for applying this rate fixing
10 railroad land transportation than 70
water transportation i can see no differ
ence in principle. Suppose the President
should recommend and Congress should
entertain and pass a law empowering the
Interstate Commerce Commission TO re-
wise and OK rates" for water craft engaged
in interstate commerce on any Of our navi-
gable rivers, OF the Great Lakes, OF co asst
wise, or vessels engaged in foreign COM
meroe, what would be thought Of III
Unquesdonably the controlling II not
the only reason for the adoption Of the
provision for regulating commerce. &c.
was to prevent the several States and Indian
tribes from erecting toll gates on their
borders, thereby obstructing the free and
untrammeled flow Of commerce and trade
between them. These questions have all
been threshed out, over and over again,
and are not likely to make an impression
on modern rapid fire statesmen, who under
the influence Of clamor, or from some other
motive, want to do things.' This last
move, however, challenges very sharply
the attention Of thoughtful and conservative
men, who are equally anxious to have
things DONE but in an orderly, oonsti-
tutional, considerate manner. Railroads
and other corporations are amenAble 20
law, just as individuals and private COR
porahons and firms are. Undoubtedly
there have been and are instances Of OPP
preston and wrong on their part, but
they should not on that account be
regarded as public enemies. The Law, as
It now stands, is ample to redress and punish
any such expressions and wrongs II IL is
properly and impartially enforced.
Too many Of our people have their funds
Invested In the bonds and stocks Of railroad
and other companies 70 have them trified
with 20 crafty the ambition Of any man or
set Of men who may or may not be infiu-
enoed by popular clanor.
During my service as a member OF the
Interstate Commerce Committee Of the
United States Senate-at one time its chair
man-this proposition to confer upon the
Interstate Commerce Commission the power
to fix rates was made more than once in
one form or another, and, II my memory
is not az fault. was unanimously rejected
as unwise and impractcable. / see nothing
in present conditions 10 justify departure
from the action then taken, except incon-
siderate clamOr.
| have absolute confidence in the integ-
rity ability and fair mindedness Of the gem
tlemen now composing the Interstate Com
merce Commission. Some Of them are my
personal friends, and would trust them TO
perform faithfully and ably any official
function that may be bestowed upon them,
but would not clothe any set Of men With
powers so far reaching, intricate and, as l
believe, too impracdcable to be satisfao-
torily executed.
voted against the Interstate Commerce
bill in C9sSenate. / did not believe then that
It would accomplish what its promoters
claimed for it, and II has not. On the con.
trary, in some respects it has had the oppo-
site effect For instance, the section Of the
act which made pooling at competitive
points unlawful had more 10 do with bring
ing about railroad consolidation than every
other influence combined.
Our people seem 70 me the most erTatio.
inconsistent, IL not hysterioal, in the world.
We employ every possible effort 70 induce
capital to build railroads for US, and they
are no sooner installed and in operation
than they become objects Of attack.
have no sympathy with or liberation
for any railroad or other corporation that
abuses or violates it's chartered privileges
or franchises. They are entitled to no
greater immunity for violations than the
humblest citizen, but punishment should
be inflicted when necessary in legal. oon-
stitutonal method, and not in the form Of
executive or legislative resentment
venture the opinion that no charter was
ever granted railroad in this country with
out reserved right, either express or i'm
piled, TO alter, amend or repeal the same.
The courts are always open 10 enforce that
right But, we are sometimes told, the
courts belong 10 the corporations. do not
believe il IL true On the contrary, my
observation and experience Ia that as a
rule our Judges-State and Federal-are
upright, impartial men, differing, Of course,
in ability but generally in the discharge Of
their Official duties doing what they be-
lieve right and proper. / should be very
much discouraged 10 think otherwise