The Cairo bulletin., 1905-11-04

| CCGdlnB Iegnn Ia tue CCull lHat Wv
court could not, in the exercise of It's
d scretionary powers, when satisfied
that the rata fixed by the commission
was unlawful, enjoin lbs operation nm
! til final hearing. That is a power
! thar inheres in a court that need not
be conferred by statute and probably
cannot be taken away by statute
"The competency of the commission
10 pass upon the reasonableness Of a
challenged rate IS denied because Of
the technical character Of the work;
because familiarity with It's require
ments can only come through long
training and experience This argu-
ment might be potent if il We're pro
posed to give the commission the
power 90 initiate rates and practices.
This, however, $ not the proposition
at is not proposed to confer upon
the commission any greater or differ
ent power than c1urj of equity pos
sess under a well known branch or
equity Jurisprudence,
"The commission sits in the FIRST IN
stance TO determine the reasonable
ness of The challenged rate or practice
and in so doing performs an ordinary
judicial funci ON, There Is no acF or
transaction. however technical, com
pick or important, whose legality may
not be called in question IN eour'
Courts listen to the evidence OF eN
perts in mechanics, medicine. art
theology and finance, heaa the eluc'-
dations OF advocates on elther sue ana
without prey Gus special training IN
the particular subject involved de'
termiue the rights of ae parties 70
the issue,
Without uch poser n an in5e
pendent tribunal there could ''e NJ
such thing as proher'y f'@ll
There can be no sueh 'hhE 10 q
right without a method OF detefihli'
ing LIS existence,
SO n respect OF @ railroad ra'e o.
practice alleged to be "nfeasohaoie
and therefore uala"iuI, "heEieI ~
presents the simplest OF the MOST mr.
yolyed question, the able experts
who it Is claimed are aloAe competent
to comprehend ard deai win jher1
questions may epHg".en the coillHl''.
sion and the complaining shipper ana
it follows OF course II the "eisH'
of reason Is with the faiEodd tne
complaint VIII De dlshi'ss3a' - e'H'
lecture o;herWlse would be 10 ASSUME
that the commission could ho' uAae'
stand, or would nor heeu' souHa do
Tense.
Upon the other hahd' II me com
plainant makes good ms caaf-e % uh'
reasonableness IN rate or IN practlce'
the commission EXERCISING l-'e uel1'
gated non-1ndicial power 81 congress
dee des what would ne f9asohaUie aH'
der The evidence.
The different views drought lot
ward relative 10 me credliol ~ he"
courts or appointment OF adhllonal
judges have much that may De sa'a III
their favor and against lnem, fespee'
lively.
Whether the existing circuit courts
Of The United States would p anle ~
handle the Increased business that tne
passage Of the law proposed mlSal
impose on them Is a mere matter OF
conjecture. As between me susees-
tions Of permanent court Of com
merce IN washington coIhpose"
judges who perform no other uutF
court OF commerce n each circuit ana
the suggestion Of tae creation OF nine
new circuit Judges and a court OF com
merce, the personnel OF which + 70 oe
determined by the chiet justice or me
United States, one may ma msei'
At loss to determine when Il any
is a wise plan.
In my judgment ! think tha' mat
Ter can be left to be determined III
he future Congress can wen aHoi'
TO abide the result of experience ID
these matters
"A very short and Simple "a"
would reach the roof OF the trouble
# should provide that The tolls col
lected by common carriers ana me
practices pursued by them should oe'
Just fair and reasonable The power
10 determine these Tolls aud practice
mould rest with the ra ROADS az"
not be- intertered with except upon
.frlr fun lgu riuu hp