The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-07-07

much sooner than he will risk the
punishment of q court for disobeying
the mandate of an injunction.
"Is 1t necessary to point out that
railway company can cut a rate made
! by a commission as easily as it can cut
a rate made by itself? Making rate
| is one thing-cutting rate is another,
and they have no possible relation to
each other. If rates had been made
| by a government commission for the
| last twenty years, it is perfectly plain
that the rebate system would have
grown and fourished as it did under a
system which allowed railways to
make their own rates.
1.-The theory of the Esch-ToWnsend
| bill is that rebates are paid and, in
! cidentally, that unreasonable rates are
ometimes charged and that both these
alleged evils can be cured by confer
ring upon the interstate commerce
commission power to fix and establish
the rates upon every Interstate railway
supposed that the payment of rebates
can be suppressed by giving the COM
mission the power to fix rates, beg
to suggest to him that such a result is
absolutely impossible. The payment
of rebates has been suppressed by a
very simple and very sensible proceed
ing. An injunction against dozen or
more railroads-and the possibility of
an injunction against a great many
others-has accomplished that result.
The question about rebates is today, a,
mere academic one, as has been de-
! clared by the members of the inter
state commerce commission them
selves.
Unreasonable Rates.
1.-THE remaining accusation against
the carriers for which the new bill is
proposed as a remedy, is that inter-
state carriers charge unreasonable
rates, that is, unreasonably high rates.
1t is difficult to see wherein the E;seh-
Townsend bill improves the list of
present remedies-and certainly the
delegation to the commission of the
legislative power to make future rates,
will not add to the remedies for viola
ton of existing law.
1.-THE bill, by vesting the rate-making
power in commission, clearly delegates
legislative power. That would be bad
enough if it stood alone; but when uni
ted with the judicial power. it is pro-
badly unconstitutional and certain ly
violative of the fundamental principles
of free government There can be no
possible excuse in such a government as
ours for such an open fragrant and
reckless disregard of fundamental prin-
ciples as is proposed in the Esch-Town-
send bill These fundamental principles
which are plainly recognized in the con-
stitution, and which have been sed-
ulously adhered to by all branches of
our government in the past forbid this
Capitalization of legislative, executive
and judicial powers in any single body
conferS greater power upon the inter-
state commerce commission than was
ever intrusted by any law in any gov
eminent upon any body of men.
THE rate-making power upon any
railway is the power of commercial life
and death. 1t is, under the constitution,
clearly a property right-subject, of
course, to the regulating power of the
state which created it-and as to inter-
state business, of the United States. All
property rights in this country are pro-
tected by the federal constitution; and
in the great amendments which protect
life, liberty and property, the term lib
erty' means, not simply the physical
privilege of being out of Jail, but the
right freely to carry on ones business,
using and enjoying ones faculties and
liberties, according to the law OF the
land
Placing all these in the hands of a
commission is certainly wrong, and pro-
badly unconstitutional
The Townsend bill not only
subjects all these rights to the caprice
of a body of men claiming executive,
judicial and legislative powers, but con-
fers upon that body an inplied-and
| perhaps an expressed-power to repeal
any regulations which congress may
| have heretofore made.
1.-The whole scheme of the bill is
| Illogical, awkward, unscientif1e, and in
all human probability unconstitu-
tional. That it is a crude affair, maxi
1 ing little attempt to a scientific and
systematic treatment of the railway
rate question, is admitted by all intel
ligent men. Even its supporters find
it hard to swallow it. The Chicago
Record-Herald. admittedly one of the
ablest and most influential newspapers
| in the country, has supported the
| Esch-Townsend bill until it's issue of
! Monday, July 3. when it came out dis
| tinctly and squarely attacking certain
provisions of that bill as unfair and
unjust to the railways.
Bill Is Unfair.
SIT requires no argument to show a
reasonable man that the plan of the
Esch- Townsend bill, which compels
rate found by the commission and
afterwards to lose it, Notwithstanding
the court of transportation shall sus-
| tain it is something more than I'M
fair 1t is simply dishonest. 1t is
CONF polling the railway company to DO
! something for nothing, to perform SER
vice for which it gets no pay. The
Record-Herald very justly repudiates
such legislation as most fair minded
papers also do.
1.-THE bill which passed the house
and has been considered by the senate
for several months, does not possess a
single merit of craftsmanship. I do
not say this with any desire to indulge
| in unfair criticism, but it was SO
plainly driven through the house un-
| der whip and spur that no one finds il
| consistent with fair treatment of all
! interests concerned to defend it. The
more it is discussed the more fragrant
ly outrageous do it's provisions appear.
That it can ever become a law in the
United States while the people remain
! clothed in their right minds is more
| than I can believe"