The Birmingham age-herald., 1905-12-13
= E N S1E V D IF A F2 II M E N Il E~

such purposes would be empowered, first, to pass upon the reasonableness of the
 rates established by Congress, and the
 appellate court of final resort would be required to pass conelusyeiy upon the correctness of their decision ana upon the constitutional power of the trlounal to set aside the congressional rate ana substitute another In its stead, as well as upon the reasonableness of the sub
 stituted rate? Thus the litigation would be delayed and every case tried would be
 upon a different state of facts, and would not be conclusive In other cases. "Congress cannot establish rate in advance that the courts will be bound to accept as being conclusive upon them The quickest and safest way to establish
 rates Is to shorten, simplify and lessen
 the cost of litigation, which is an easy task and is much needed.
 "The most eager demandant of railroad
 rates to be fixed by statute Is not ask ing to include all common carriers in it's ' provisions or penalties. The railroads alone to be subject to such regula- tions, and they are far the most diff cult to reach and control with any such regulations
 | "The rates that would be Just to both shipper and carrier on a costly and crook | ed mountain road would be extortionate on road built for a third of the cost per mile through a level, fertile coun- i try, that affords much greater tonnage. | One rate per mile, or any other common rate, would be unreasonable and un- | just; so that uniformity of rates through
 out this broad country cannot be es- l tablished by any legislation or by any court. Yet there is no principle of govern I ment that is better settled or wiser of more just than the equal protection of | the laws
 "Competition alone can regulate such | rates under rules of law that prohibit and prevent monopoly, combinations, | trusts and discrimination such as special
 car service, express car service, sleeping car service, rebates special terminal fa- cihties or any sort of charge or ser vice that gives special advantage to any shipper or to any place over another place.
 Such legislation is final In It's character 1 as a regulation of commerce and is uni versal in It's effect. Such instructions
 to commerce among the states can be readily reached by act of Congress and punished as crimes against public policy | and the constitution. It may be punished | in state courts and such laws are en-
 acted by Congress ond by the states the offences will cease.
 What safe and uniform basis is 1t possible that Congress can adopt for as- 1 | that are just, uniform and reasonable? ] "If the cost to the carrier of the prop | erty and appliances and of the skill and | labor of the person necessarily employed | in the work of transportation is to be
 made the basis of railroad rates, other | common carriers on rivers and high | ways must be limited to lower rates | In their charges, because the cost is | lower to them. Congress can never find the just equation between these diverse | methods of transportation and no relative | rule can be ascertaned by any tribunal | that can work justly and equitahly as to | all carriers. It can only be arbitrary | therefore and must be unequal and an infiction of injustice upon some carriers | and some communities.
 "The only real and just power of con- | trol in respect to the freight and pas | senger rates of transportation is free and | fair competition protected by penal law I against interference and all abuses in the nature of monopoly, and by trial jury in l the courts.
 If the government would control freight | and passenger rates on the railroads, the most conspicuous opportunity and the
 plainest line of duty Is to increase the | competition, wherever it is possible by improving the navigation of the water
 courses. all of which belong to the people. With the aid of a strong and earnest | move in making such improvements, and | with the protection of penal laws to | suppress interference with the justice, | safety and freedom of commerce, and | with the shelter of the strong citadel Of | trial by jury In the state and federal | courts, the people will secure to them
 selves reasonable freight rates on state | and interstate commerce, and the poiitic- ians will lose sight of the subject 1