The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1905-01-27

courts We're consolidated into the pres
ent Railway and Canal Commission,
which has no exact analogy in the
United States.
Parliament In England has the com
bined power Of our State Legislatures.
OF the Congress and the Supreme Court.
There is no written constitution, and
instead Of the courts declaring a bill
passed by Parliament to be unconsti-
tuti0nal, Parliament may reverse the
courts.
This fundamental difference makes
it difficult TO draw a parallel between
English and American legislation
Almost every State in the United
States las a railroad commission. The
United States has the Interstate Conn
merce Commission, and now it is pro-
posed 10 have series OF courts with
special jurisdiction to adjudicate rail-
road rates. In England all railroad
matters are determined by Parliament
aud become part Of the English law.
While the actual work of determining
rates and deciding other details OF rail-
road regulation has been performed by
the Board Of Trade, with its sub-de-
partments. and by he special commit
tees Of Parliament. Parliament is the
final deciding power.
In the United States a State Legisla-
ture or Congress may ass what bills it
pleases. but the United States Supreme
Court makes the final decision. Parlia-
ment can compel any English railroad
to do what Parliament thinks best. and
there is no redress except an appeal TO
the sense Of Justice Of the English
people.
The people of the United States have
no such control over the railroads as
have the people Of England.
All English railroads are under the
supervision of the Board Of Trade. a
governmental body corresponding dis
tlntly 10 the Department Of Commerce
recently created at Washington. Under
the Board Of Trade are several depart
ments. the niost important being that
Of Railways and Canals.
There is at present one Railway and
Canal Commission. consisting Of two
appointed and three ex-ofiicio Commits
sioners. The two appointed Commits
sioners and one ex-officio constitute the
court. The ex-oficio Commissioner is
in England the Lord Chancellor, in
Scotland the Lord President and in
Ireland the Lord Chancellor of Ireland.
The two lay Commissioners are ap-
pointed by the President Of the Board
Of Trade. One is a railroad man, the
other is a business man.
All complaints are made to the Rail-
way and Canal Commission. Any local
or municipal governing or sanitary au-
thority. any chamber OF commerce or
trade. any trading or freight associa-
ton. or any other body or association
which can get a certificate from the
Board of Trade that it IS a responsible
organization may file complaints. but
the Board of Trade may require an or
ganization TO give security for costs.
From the decision of the Railway and
Canal Commission on any point Of law
an appeal may be taken to the Court
Of Appeals and by leave to the House
of Lords. Other courts of law or equity
are forbidden to restrain the commits
sion by writs Of prohibition or certior-
ari
Complaints upon which the commits
sion will pass include allegations OF
violations of the charter or special
acts by a railroad. the legality Of rates.
complaints OF undue preference. unrea-
sonable charges. oppressive treatment
or unfair discrimination.
The commission may award damages
against a railroad to compensate the |
complainant for his losses before the |
commission has remedied his grievance. |
Such matters as changing crossings |
above or below grade and building |
bridges over the tracks are within tie |
jurisdiction of the commission.
Every railway company must submit |
its rates to the Board Of Trade. The |
Board of Trade advertises for objec- |
tons. In case there are nehe the rates
are submitted to Parliament and |
adopted as q matter Of course. If there /
are objections the Board Of Trade tries
to bring about an agreement If It
succeeds the rates as agreed upon are
submitted to Parliament and adopted
If the board is not able to bring about
an agreement it submits 10 Parliament
which are sent TO a
This committee. after
hearings makes a report to Parlia-
ment, which is almost always adopted.
The Parliamentary joint committees
really fix the rates.
The law provides that proof Of Inc
quality in rates puts the burden on the
company Of showing that the
inequality does not constitute undue
preference. The law includes steam
ship lines owiied or controlled by Eng
lish railways and requires that ter
minal charges shall be separately
stated. New York World.
Laws in Persia.
They have curious methodsAin Per