The San Francisco call., 1905-03-22
THE PRESIDENT AND THE RAILWAYS.

ONGRESS adjourned without action upon the enlargement OF
the OF the Interstate Commerce Commission the
charged by transportation companies. This throws the
the Congress- which is fresher from the people and
was elected at the polls as the President This fact should be
good of sympathy If such
prove exist and shall line
with the Presidents reasonable all parties the
issue will be bcHefed and will be harmed.
The of the President mistaken treating his
public regulation transportation rates is we'll settled
broken line OF judicial decisions Hardly udicab question has
reached the great variety Of shapes this For
mey that railway corporations were subject only
what their franchises Chancellor Walworth held
Legislatures may regulate ot
The franchise and limit the of the toll which shall be
lawful take unless they have deprived themselves of that
by legislative contract with the OF the road Then arose
lhe question OF the existence OF legislative fnaiy and OF the
power OF Legislature bind all of its by egis
iative contract.
That question against such right Justice Swayne
held that such The rule of construction that shall
Dc construed most strongly against the corporation Every reason
able doubt be resolved adversely Nothing is be taken
equally clear Silence negaon and doubt fatal the
claim This doctrine vital the public welfare It is axomatc
be settled that Any the Legislature disabling itself
from the powers ntrused for the public good
void being effect desert its duty to
The people"
In some cases that have been adudated franchise
expressly the railroad the right make charge all As
properly held the right charge
be implied essential feature of the but the
recognized Franchises containing the that the railway
shall have the right ito transport all articles usually carried rail-
ways charge such tolls and reghts
shall be for the OF the corporation construed by the
courts TO mean that rates and tolls must be reasonable or the pubic
Fargo Co. the Oregon Railway Navigation Company
railroad took refuge behind its franchise which gave the
collect such tolls fegh the corporation itself
Judge Deady held this only the right make
reasonable charges and take reasonable tolls
So all questions arising the franchise itself have been settled
permanence and naenabty of
right of public regulation Equally clear the adjudication
OF the subject of In the Camden Amboy
Court of the United States said he be stpu-
uniform toll
maintain charges then be highway and the egs
giving very void
When affected rebate they
uniform offender penalties beyond
franchises of implied
iitions is clearly legal method
In the evolution of the subject the have been
mindful OF the right of railroad property the protection of the
They have decided that remang judicial and legislative
function and that whether made
by public authority by the corporations they subject
process OF law, which is the judicial process only.
In the foregoing is made plain that the policy of the President
respect both the rights of property and the
of the public should also be plain all interests
cened that the question settled by the Congress-
before the people in the Congressional election when
will furnished scope for all of radical propositions
which will cloud the and identify less with all
OF socialsic propositions.
These considerations should impress Congress the
desabiy of leaving for socialism feed
There nothing intricate in the be the despair of
craftsmanship The railroad people will doubtless their interest
cooperation with the President rather than in subborny oppos-
ing the only solution possible