The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-07
Geo. R. Peck Says the Power
Rests With Congress.
Can Delegate That Authority by
Dicta of the Court.
PEOPLE DON'T WANT 1T
Says Demand for Government
Rate Making Is Not Urgent.
Address Before the Colorado
State Bar Association.


Colorado Springs, July 7.-Over two
hundred of the leading lawyers of the
state were present when the eighth
annual session of the Colorado Bar
association was called to order by
Justice Luther NJ. Goddard of the
state supreme corut.
At the session the annual address
was delivered by Hon. Geo. r. Peck,
OF Chicago, his subject being: Gov
eminent Regulation of Railway
Rates. in reply to the speech recently
delivered in Denver by President
Roosevelt. He said:
I concede that congress may fix
rates for interstate transporta ton
Whether it can delegate that power to
a commission is another question, and
whether it can give to a commission
executive, judicial and legislative pow
ers, is greater and more difficult one.
think it probable that the rate-making
power may be delegated by congress to
a commission-but only because the su-
preme court has INDUCED in dicta to
that effect. The power to regulate COM
merce, as granted in the constitution,
meant something very different from
making rates. But, we must take
things as we find them, and 1 do not
question the power of congress to make
rates, or authorize them to be made
If it does so within the constitution
which gives it all the power it has.
"a bill has already passed the lower
house of congress, rapidly. without any
deliberation-as ie it were the mere
regulation of interstate baseball con-
tests-but the great interests of the
county, agricultural, mercantile, man
ufacturing and mining, are awakening
to the obvious fact that they are being
deceived, and led away by the Niagara
cataract talk of gentlemen who have
no knowledge of, or interest in, this
great question. 1t has become hap1t
in this country to charge all troubles,
losses, difficulties, enbarrassments, and
lnconvenienees to the railroads.
cit may be admitted that there is
some demand in certain quarters for
legislation comforting additional powers
upon the interstate commerce commits
sion. That demand, however, is not
nearly so loud, nor so persistent, as is
claimed by certain of its friends.
make bold to say that the citizens of
the United States who are best posted
upon the subject do not care for addi-
tional rate legislation. On the contrary,
they are mindful OF the damage that
might and probably would, be done,
by placing so great power in the
hands of men unfamiliar with it, and
uninterested ir it. 1t is certainly not
practicable-eve if it were wise-to en-
deaVoF by legislation, to eliminate the
activities which lie at the basis of COM
merce, trade and traffic, and to substi--
regulation Of a paterna1 government.
That is the Chinese method. But it is
not, never has been, and I trust never
will be the American method. Men will
always strive for their own advantage,
and out of this strife, all human prog
ress-certainly all commercial progress
--has come.
what is the alleged disease? That
interstate carriers discriminate be
tween shippers, communities, and in
forests nv the naWnRnf of rebates
and by giving preferences which are
legally and morally wrong; that inter-
state carriers charge unreasonable
rates to customers for the transporta-
ton of their commodities.
What is the proposed medicine?
The panacea offered by the Esch-
Townsend bill is the vesting of the
rate making power in the interstate
commerce commission.
First Duty of Railroads.
mo one will deny that the first duty
of the common carrier is to treat all
its patrons alike. Otherwise, while it
might be a carrier. it would not be a
common carrier. Whatever may be
the rule at common law it is certain
that In the legislation of congress
interstate carriers are bound to main
tain legally perfect equality among
shippers, and to eschew all unfair or
unreasonable preferences and dis
examinations. This was, as is well
known, the principal motive underly-
ing the interstate commerce act. 1t
was the great evil which that act pro-
posed to destroy. Aided by an en-
lightened public sentiment it did de-
stroy it. 1t was a grievous wrong
but it is a past wrong. BY the con-
current testimony of the, interstate
commerce commission of shippers
and OF the railways, no legislation is
needed on the rebate question, GER
tainly none in addition to that which
now exists for its suppression. 1t died
hard, but it died. The best witnesses
as to the fact of it's extinction are the
interstate commerce commission them
selves.
''As the law stands today the whole
power of the government may be in
voked against an offending carrier.
without the delays of criminal prose-
cutions and the uncertainties of Jury
trials. The remedy is more easily in
voked than by criminal prosecution.
for if the government has sufficient
evidence to indict, and convict, it GER
tainly has sufficient evidence to secure
a temporary, and a permanent iniunc-
ton. There is no doubt whatever that
the average American citizen, who is
forbidden to do any particular act I'M
der criminal penalties, will disregard
the terrors of a criminal prosecution