New-York tribune., 1905-02-05
WILCOX TAKES ISSUE.
Del01Care and Hudson President
Opposed to Proposed Rate Lac.

David Wilcox. president of the Delaware and
Hudson Company, who, with Samuel Spencer, pre-
pared the brief for the railways the rate making
question. has given out statement, which follows
in part:
that Speaker Cannon and Mr.. Payne, the Repu62
caucus With reference 10 paUsv M ra9e rae hnf 5a
pending bill would not provide for legislative action
Interstate Commerce act Which has stood for ten
years years; at the end OF which dine the roads had
ment OF the decisions OF the commission as TO
the contention that there was no such power
vested in the commissioning other words. that the
had operated to the satisfaction of the railroads
are eTy epeon a5 Of n Ve wSe
has been assiduousfy propagated, but which has
In 1897 the commission itself said that its power
as TO rates was merely TO determine whether those
conflict & With H. the statute: and this i9nsnage ian was
first deem itself TO be possessed OF rate making
iaed by the Circuit Court. through Mr. Justice
Jackson in 1889 and $780, and the latter case was
affirmed by the Supreme Court of the United States
IN 1872 Judge Jackson's language clearly defined
idea that making rates for the future was within
its authority. his language was later quoted by
Nevertheless. the commission in 1894 attempted to
mako rates on On extensive scale covering large
Southern points, and the railroads declined to rec
upon the commission brought suit to enforce its
orders and the statute was construed by the
Supreme Court upon March 30. 1885, and upon
March q, 1897 not comforting the rate making
power.
1t is therefore, erroneous to say that the power
effectively exercised o was ever ac-
important scale it challenged in the courts,
and in due course the question came
to adjudication II held that such power
existed There was. therefore. never any period
of time when there was any acQuiescence in the
possession Of such power or in the results of it's
exercise.
AS statutes in existence for many years have al
ready the
with rebates and other illegal Determinations and
in view Of the fact that this power has been
fully exercised bv the commission. there seems 10
be no reason why further power should be asked
for granted to the commission Furthermore,
the commission has repeatedly stated that rates
ere seldom, or never. unreasonable in themselves.
Yet with the natural desire Of a. roverrrnental
functions the commission now seeks secure
power over rates which it has steadily defended
as reasonable such an encroachment on the busi-
ness of large class in the community s absolutely
contrary TO all american traditions.
The grant or such power 20 the commission will
inevitably have disastrous effects upon general
business, since every manufacturer and shipper
rates; every investor will have doubts as to the
ability Of the roads to maintain their earnings
and every manager and enfploye Of the railways
viii have fear of changes in the conditions of his
employment.
The Interstate Commerce Commission has re-
peated!y stated that rates are in general reason
able. IL 1t were rcsoluteiy exercise the bowers
already given it. to discover and punish infra cton
of the law to rebates, etc, there would ennar-
entity be no further neeu OF dealing with rstea