The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1905-12-05

BATES In every aha ana form. mi,
power 10 regulate y Yes. iike all similsI
powers over the business world. should
BE- exercised with moderation. eauIioI
aud self restraint. but Il should exist
% that Il can be effectively exercised
when the need arises.
Ia my Judgment. the most important
provision Nhieh sneh law should con
tain IL that oohf-FFins upon sumo com
peient administrative boiy the power
10 decide nl,on the ease being brought
before Il whether . given rat. pre-
serib-i by q railroad IL reasonable and
jnsi. and u Il IL fonnd "a b. unVasonr
able aud unjust then. after full investi'
cation of the complaint. a. prrscFibe
the limit % rat. beyond which Il shall
not b. lawful o. so-Ihe maximum
reasonable rat. AZ Il IL commonly call,
ei-ihis ds-'isioa 10 80 inlo effect with,
Ia a reasonable time and Ia obtain
from lhence onward, snhiec' 60 review
ly the courts
II sometimes happ"ns ~ pFs'srni. not
that a rat. ls ioa high, hut that a "a,
V"r-i Shipper j. given loo iog . rate.
Ia snch cas. a.. commission would
have the right 60 "A this alrva'iy csiab.
lish-si minimum rat. ~ the maximum.
aud Il would n-ssi only one 90 two such
decisions by the commission a. rnre
railroad companies - the prartice Of
giving Improper minimum rates. . call
your attention 10 the fact that my pro
posal l. not "a giVe the commission
power 10 initiate 90 originate rates g-n.
orally. hut 20 regulate q rate ALREADY
ax.i or originated by the raads npon
complaint aud after Investigation. A
heavy penalty should he -aaci~d from
any corporation which fails 10 rs~p.r,
an order ~ the commission. I r-snni
lhi. power 10 establish q maximum
rat. ~ being essential 10 any scheme
81 real reform In the matter 81 railway
regulation.
II IL worth while considering whether
II would not h. Wis. 10 confer an the
government the right ~ civil ariion
against The beneficiary 81 q r-i,air zoe
az least twic- III. value ~ m. rri,ai-.
THIS would help stop what is rally
hlackmail. Elevator allowances should
h. stopped. Tor they have now grown
TO such an extent tina, they are demon.
alizing aud are used NJ rebates
PRIVATE CAR LINES
an ...4...sa -. fl..... a...i..-s.a.t -.
refrigerator charges and N. IKE
should be expressly put under N. ~.
pefvisicD ~ the Interstate commerce
commission or some similar body ~
far ~ rates aud agreements practical
~ affecting rates are concerned 4 ~
bate In icing charges or Ia mileage or Ia
. division 81 the rate for rcfrigcraiins
charges IL just NJ perniclous a. re-
bate In any other way.
There should BE- publicity Of the &C.
counts 81 common carriers. Only In
this way can violations or eyaslons Of
the law be- surely detected. \ system
Of examination 81 railroad accounts
should be provided similar TO that now
conducted into the national banks by
the bank examiners. A few first class
accountants. " they had prop.
er direction and proper authority TO In.
spect books and papers. could accom-.
plislI much In preventing willful viola
tons OF the law.
EMPLOYERS LIABILITY LAW.
In al
eighth congress ut it, second session I
recommended the passage Of an em.
ployers' liability law for the District Of
columbia and In our navy yards. ! re
newed that recommendation In my
to the Fifty-eighth congress at
Is second session aud further suggest
ri the appointment Of n commission to
make n comprehensive study of EN-
ployers' liability with view to the en-
actmcnt OF wise and constitutional
law covering the subject. applicable TO
all industries within the scope OF the
federal power | hope that such law
will he prepared and enacted as speed
ly as possible.
hbN bffh
,ourts OF the power TO issue njunctions
"a labor disputes. Such special limita-
ion Of the equity powers Of our courts
would be most unwise. II Is true that
'ome judges have misused this power.
,ut this does not justify denial Of the
power any more than an improper ex-
,rclse Of the power to call strike by
abor leader would justify the denial of |
he right to strike. The remedy Is to
'egulate the procedure by requiring the
Judge to give due notice to the adverse
PARTIES before granting the writ, the
rearing to be ex parte II the adverse
,arty does not appear at the time and |
,lace ordered. What is due notice must |
lepend upon the facts Of the case. II |
hOuld not be used as pretext to per- !
nit violation Of law or the ieOpardiz-'