New-York tribune., 1905-11-04
PRESIDENTS RATE POLICY
MR.. KNOX DEFINES IT.
Enlargement of Commerce Commits
aon's Po5cers Constitutional.


r.s address aroused especial interest as it wa.
,.asrstood that, by reason of his close relation
,,;n with Mr.. Roosevelt, he was practically ex-
.-sesng the views of the President. # not act
I.Ilv acting as his official mouthpiece.
Mr. Knox spoke. in part, follows:
the President believes that the power pass
,on the reasonabeness of a challenged railroad
NOR which can be also constitutionally cast the
gSer 1--WE 70 fix reasonable practice in lieu
Re rate so fixed should become nearly imme-
jately operative as possible
.sould exercise supervisory control over the tax
irnon transportation became almost self-evident
s.om the time that the railroads began through
!rsriols devices to concentrate this taxing power
i. tSe hands Of few men
u The governments efforts to check this concen-
ration Of power under the provisions OF existing
iii prevent The abuse of the power of taxing the
movement Of persons and property under any form
Of concentration or under any circumstances what
It commends itself to me TO be wiser statesman
slip TO provide remedy for michief I'm what
ever form It appears rather than TO waste time
iyisng laws TO impose a penalty for wrong as
1T may appear In specific devices against the IN
irenuity OF the iawbreaker in trying to avoid us
provisions by creating new ones In other words
II would seem to be wiser to the diseases
The proposition is that Congress should at once
enact law covering the main features of the pub
ssainst unjust railroad practices and leave to
future the determination OF the wisdom and neces-
II is the duty Of Congress to regulate commerce
so as 10 prevent injustice and imposition by the
The proposition to correct unreasonable railroad
rates and practices goes further than this. It is
:antamount to the proposition TO correct injustice
The enlarged and more effective provisions
ssainst rebates and unjust determinations con-
tained in the legislation of the 9th Congress af
tected fewer railroads and met with less railroad
opposition that It would have met ten years
had endeavored TO abolish such practices before
the law went into effect. One makes mistake who
country approves the eXtravagant propaganda now
being carried on to convince the public that any
Tssdsa'e T6sds legislation "0u'o Oe UNJUST 10 '"e ''i
There is no railroad in the United States that can
be in the slightest degree affected by legislation
giving relief from unreasonable rates and practices
unless ii is guilty of unreasonab BILE and unjust
tees There Is no practice Of any railroad that IT
adopts sanctions that be declared TO be
quasi judicial proceeding and proved TO be unjust
and unreasoAable, after the fullest hearing and
There is no; order that can be made by any COM
mission or board now existing or which it is pro-
posed 10 create, that change rate or practice
that is unreasonable or unjust without its order
M ng 10 eeEew t IN f6 rand 1
OF the unreasonableness Of the order of the commits
no Law could be enacted that could prevent the
Il satisfied that injustice had been done the
upon terms until the court had passed upon the
merits Of the controversy
remedy against injustice which it is not proposed
to take while the 2 RH6iio has , no effective e,
edy the public does not ask Less than such
remedy it never should have been without.
The administrative features of the power inher-
ing in Congress fix reasonable rates for transporta
sion be lawfully vested in the Interstate Com
xnerce Commission.
This includes the power to vest in the commission
authority TO substitute reasonable rate for one
found by it TO be unreasonable
that Congress cannot vest the power TO fix tolls in
any constitutional court, because the fixing OF a
toll is legislative and not judicial act ana ION
gress cannot impose the performance of non-1u6-
csI dG1e upon W % the nfd ioaIts sate weeh ~
1t Is equally clear that Congress cannot give an
70 judicial body for the purpose of reviewing
administrative acts by correcting them by decree
poses Of what / understand 10 be the main CON
fention between the advocates of the pTopoSltlon
effect at once, and the advocates of the PROPOSE,
ton that it should not into effect until approved
IL the court In the first instance could not perform
rate, could not perform the same act upon aP-
No device can cure the objection suspending the
operation OF the commission's finding until passed
upon by the court. OF course do not mean that in
tbe couTt could not, in the exercise of its dis
powers when satisfied that the rate fixed
by the commission was unlawful. enJoln IT'S opeia
ton until a final hearing. That is power that m
heres in The court that need NOT pc conleiIep 'S
statute and probably cannot be taken away OS
the reasonabieness Of challenged rae Is Ieiieu &
because Of the technical character Of the work pe
only through long training and experience rms
argument might be potent if II were PROPOSED TO 20
and practices This, however, is not the PROPOSE
il is not proposed TO confer upon the commission
any greater. different, power than courts %
equity jurisprudence. 400.
short and simple law would & reach ,h the I1s ESGs
collected by common carriers ana the practices
pursued bv them should be just, fair and reasona-
BE The bower to determine these tolls and prac-
tices should rest with the railroads. ana not DE
interfered with, except upon complaint ana aIteT
full hearing before the Interstate commerce COM
The complaint wen founded, to declare what shall
be Just fairly renunerave ad ana m nIc o
The one de- ~red TO be unreasona PIE. -, eeo-
githir such reasonable time shall be prescribed
by the commission in the order and snoud ne MAJ, MAJ
e-ai courts. where # would have to stand or ran
am 's Sincerely convinced that the time has
when Congress must. in justice to the pubic eNer,
rates a1d legislation and believe that. in view Of
the misunderstanding and dlfierences OF opihloIl
The problem. no relief is likely 20 be given in the
immediate future unless some such comparatively
simple measure is adopted
Sir Cbentung Iiang-Cheng the Chinese Min
lister who was one Of the other speakers re-
ferred to the friendly relations between the
Of Secretary Hay for the open door policy He
said in part:
The American government has spared no
diplomatic effort to secure the establishment 0I
ef this policy by all nations concerned IS ulGmpa
Of american diplomacy. II may now be regaToea
as an established principle of international law.
applicable to Far Eastern questions as the monroe
Doctrine is 10 purely American questions. 49,,
But it must Be remembered that the open % d door %
means open competition. an6 leaves tt1e i~ & % er e
active connefitors already in the field, and Ameri-
cans have TO take their chances with me Tes, IA
10 all o,iIabIa methods TO advance their interests
=