New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-09-29
OLNEY ANSWERS BRYAN.
Giues Viescs of Conservative Demo
Gratis on Railroad Rate Legislation.

--,s rsnlv Of the conservative wing OF the Dem
orratic party TO W. J. Bryap's recent open letter
70 the President railroad rate legislation is con-
-snsd II an article by Richard Clney in the octo-
Y,e- number OF The North American Review The
following are some Of the salient features OF Mr.
oney's argument:
The Importance Of the rate making power is no'
70 be considered simply IN It's relation to the car
uP92 sIs Common SToIedEe6f which the courts
Ike coenizance without proof-that the great car
riers Of tire present day are the railroads Il IS
les charged By the railroads AFFECT al classes or
tle community that they oeterInlne very largeIy
mon them hinges only too often the material we'll
e. sespo-ts and large sections of country Surely
rover TIE exercise of which is fraught with such
sjcajlv Win TIE power OF determining the cup
~ Al executive officer or board. But to delegate
The former. the ultiEnate rate making power for
surrender By the legislature OF one OF It's
Important functions
In discussing the effects Of government regulation
upon the railroads Mr.. Olney says:
The situation 70 be anticipated then is that ran,
roads private lroperJles 4nG representing prlVG ATE
find themselves controlled in the vital matter OF
two public boards-0ne representative OF local in
teresls and the other OF national interests and
owners concerned. The two boards VIII aim at the
lowest possible rates each in behalf Of the partc-
,,a~ business under its charge, and viii therefore
Dc il constant rivalry with each other in the en-
deaTor 70 eTtort from the carrier the best service
l.-= -iHe n.-L,i5- - Te'AI S- - = a@eS
ntoi@rable alike 10 the carriers and TO the public
government rate making be abandoned-is govern
Govcrnment ownership Of all railroads is obvious
II the goal toward which some OF the government
1zre makers are striving. while others. If vel
coming IT ana not working for ii. profess not 70
fear IT, and claim that 1t would AT all events be an
.'lp-1verneH5 upon The present status. Both point
ore ztl.llls Ilat me res-ts 20 , ~
ar least not a. detrimental as is sometimes de-
railroads OF the country is seriously considered.
dual political system - At once seen to present
comparatively uHinlporJanr railroads that Who'll
-7f--oa5 Of consequence Is engaged in both kinds
81 rra1sportatioI--ln transportatlo mat begins
and ends in a single State. and in transportation
thar passes beyond State lines. Hence. il govern
s'7taole sequence OF government Tatena>ln2 me
first question i. Which government Is II thai IS
Tie significance and Importance OF the inquiry
apparent if we remember that the railroad IS
1e of railroads must he tr1le of ordinary highways
80 --r-f-5n-fo~7 Of he -7arrra1 r0va-nr7enr must
the national government under the commerce
clause 10 own and operate all the great railroads
o7vn Or control and operate all the great highways
Is It by any possibility true that the national
mat as Iespe1Ts every road or street In he coun-
ny which IS link in interstate comm nlcatlon
complete possession and control may direct the
mode Of its construction its grades, the sort or
vehicles by which il may be used-Tra5' IN short
assume It's entire management and operation in all
the most minute details Nothing could be more
revolutionary in practice nothing more COnrraclc-
tory Of the views cUsJ0mariIy held. II IS neces-
sary consider most carefully therefore whether
rne powers in question actually conferred on
The national government II being conceded. L
must be that the power be deduCed. Il at all
only from the commerce clause Of the Constitution
IN summing I'd the opposition 70 the prdbosed
legislation Nj olney reaches the following con
illusions:
ours IS government IN both State and nation
By political parties and political rarerraking for
Notwithstanding by politicians animated by
partisan motives and working for partisan ends
the objections Of economic and business char
scter and on the score Of the public policy gener
ally are as obvious as they should prove insuper-
lble- The purpose Of the present paper is 70 point
out that beside such objections railroad rate
making by the national government presents legal
and constitutional difficulties OF the most serious
character L raises issues which concern the di-
vision Of power between the several States and
United States. which have been fully and
finally passed upon by The national Supreme Court
and which, II submitted 70 that tribunal half or
even quarter OF century ago. would in all hu-
probability have been determined adversely
70 the Jurisdiction Of the general government