New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-04-29
POWER TO MAKE RATES.
George r. Peck Says 1t Should Be
Left TO the Railroads.

Washington. April 2S-Janes c. Lincoln general
freight agent Of the Missouri Pacific Railroad CON
tinued his statement before the senate commune
on Interstate Commerce to-day.
Replying 10 questions about private car lines MI.
Lincoln explained that the American Refrigerator
Transit Company. in which the Missouri Facinc
was stookholder. operated on that line ms
company had more than four thousand cars Inc
railroad made the rates on commodities carried IN
the private cars The private car company made
the charges for refrigeration Owing 10 the interest
o. the Missouri Pacific in the American Refrigerator
Transit Company fl preferred 20 use the cars OF
she latter COMPANY although IL did operate other
cars and furnished ice for such cars There were
complaints Of high charges for icing the private
cars 81 the American Refrigerator Transit Com
nan, and other cars a =. Bird. an officer Of the
Missouri Pacific and Of the refrigerator company
had charge Of the private cars on the railroad
Then does he make contracts with himself?'
asked Chairman Elkins.
Yes replied Mr.. Lincoln.
Chairman EIkins secured the address Of Nj. Bird
and IL was announced that he would appear before
the committee.
George r. Peck. general counsel of the Chicago.
Milwaukee and ST. Paul road, was then heard by
the committee.
Mr. Peck insisted that rebates had ceased or
could be corrected under the present laws. and the
proposed legislation II rebates stil existed at all
would not be effective. He continued in part as
follows
A railway company can cut a rate made by a
easily Il can cut 4 rate Hlhuc y
stssif Making a rate is one thing cutting rate is
another and they have no possible relation 70 eacn
Commission Tor the last twenty years IL is perfectly
plain that the rebate system would nave grown anu
hourished as IL did under system which alloWeo
railways 10 make their own rates Speaking Tor
nv own conpany-and in a sense for many other
cornpauies- have only say. that they VIII Wei
come any legislation criminal or remeolSL Eh; -,
in any degree can make the payment OF re 436
more difficult and increase the certainty OF qeIec
fion and Of punishment But If II is supposed that
fhe psy!nent of rebates be suppressed by CIV
ing TO the commission the power 70 TX rates,,
suggest that such result is absolutely inpossloie
The rate making power upon any railway IS S s
power OF commercial life and death. II is. under
the Constitution, clearly property 80.
which ogeafed Nano, as 10 interstate DusiIeSl
the United States. All property nights IN ms
country are protected by the Federal Constitution;
and the term liberty means. moi slnlpIE -. -
physical privilege OF being Of jail but tho right
freely carry ones business. using anu ela-
3oying ones faculties and liberties according 70 me
law Of the land Placing all Of these IN the naaos
Of a commission Is certainly wrong ana prooaoly
unconstitutional. s ,
the Interstate Commerce Commission. that body
will Be Immediately confronted WIN ne -
port the United States. II Il makes rate 10 OF
from Philadelphia i must not give any preference
ports the Atlantic seaboaTd II olLet elaI,S .L.si
Pennsylvania. The Interstate Commerce CoTafnls-
sion. insisting that the preference clause OF me
Constitution Is not apohcaDle. boiulA taxes 'te
logical step Of asking that they be permitted IN
making rates 70 establish dinerentlals ana .lat
they be trusted by this great commercial I4lAOi,
with the power 70 preserve harmony between aIi
the ports and commercial centres Of the United
States II the Interstate Commerce commission
were gifted with superhuman knowledge and a
Euperhuman Of justice and fair dealing. tney
could not 90 what they asking Congress 10 per
NIT them 10 do.
At the close Of Mr. Peck's statement the COM
Tnittee adjourned as = mark Of respect TO Senator
polliver. member Of the committee. whose father
died to-day.