Rosebud County news. [volume] (Forsyth, Mont.) 1901-1906, 1905-11-02

ton of any property in interstate or for
eign commerce whereby such property
shall by any device he transported ut
less rate than that named in the tariff
published by the carrier, must be en-
forced.
| have not the honor or pleasure OF a
personal acquaintance with. Mr.. Roose- !
velt but it is we'll known that he has
never been a man of affairs. and that his |
tastes have led him to study history and |
literature. rather than practical econom- |
les and, besides. it goes without saving |
that no man can know the details or all
the vast economic affairs of the world.
But although he may be Inexperienced In
trade. he seems to possess. in an unusual
degree. the great fundamental principle. |
wnIrn mancs trade successful in the long
run. the principle of the square deal.
can imagine that at the time he wrote
the rebate system. but had absorbed from
reading, and from contact with the pco-
pie. II pretty clear idea of the vicious.
a square deal led him to pen the portion
of his message which have quoted.
can imagine. further. that after he
pose told him it was not a fair deal to
let the railways make their own rates
and compel the people TO pay Them right
or wrong. Hence. he added the follow
'.Whilc l am of the opinion that at
present it will be undesirable, If 1t We're
not impracticable finally to clothe the
| commission with general authority to fix
| railroad rates. do not believe that. as
| fair security to shippers. the commission
| should be vested with the power, where a
| given rate has been challenged. and
| after full hearing found to be-unreasona-
| bic, to decide. subject to judicial review.
| what shall be n reasonable rate to take
+! it's place; the ruling of the commission to
take effect immediately, and to obtain
| unless and until it lis reversed by the2
| court of review.
"Steamsh!p companies engaged in In
| terstate commerce and protected in our
coastwisc trade should be held TO Il strict
! al ~ nnT
Offers Arbitration.
| If this recommendation of the presi-,
dent. in connection with the present pro-
visions of the law, be analysed, 1t
amounts to this:
That the railway companies may make
I shall arise to their reasonableness and
business. this dispute shall be submitted
for arbitration to a disinterested perma-
| nent arbitration commission appointed by
, law. subject to judicial review.
The president therefore offers the prin-.
ciple of arbitration. and the principle OF
tails are worked out on Intelligent lines
it would result in as nearly practical
justice as is possible in human affairs;
| In working out the details of such a
i scheme the language of the law, which
says: "All rates shall be reasonable and
just and that every unjust and unrea-
Sonable rate is prohibited and declared to
be unlawful should be construed to
mean just what is says.
The LANGUAGE ismoW construed to mean
| that if any rate is found 20 abe ZOO high
to be reasonable and Just, it must be re
duced by the laM But if. on the other
hand, one railway company, by reason OF
Industry, or to accomplish the purpose of
the unlawful rebate by. issuing mid
night tariff or otherwise, makes a rate
too low to be reasonable and just to the
railway companies. which rate all other
companies. from the nature of the busl-
ness are compelled to accept, such a rate
cannot be increased by law.
Such an llnna tural construction OF the
nlain language of the statute is not a
square deal The law to be just, should
be just to the railways as well as to the
people AS Mr. Roosevelt often says:
* square deal is square deal, exact
ly as much a square deal for the rich
Let each stand on his merits, receiving
what is due to him. and be judged by his
deserts. TO more he is not entitled. and
, less he shall not have
If. therefore. the law is to be amended
on the basis of a square deal, the arbi-
tration commission must be given au-
1hOrity to decide as to the reaSOnaDlenesS
: of rates between the railways ana the
) railway, as well as between the railways
and the people: must have authority TO
raise rates which are unreasonably low
as well as to lower rates that are too
high. In no other way can sFmmetrica
, and just rates be obtained which shall
! give 10 every locality and every industry
, In no other way can discrimination be
/ prevented as many Of the worst cases oi
such discrimination arc produced by one
railway making rates in the manner
! which has been stated, for no other pur-
/ pose than to give an advantage by dis
! | elimination, which rates in the nature
! | of the business. all other companies are
; compelled to adopt. This practice mus
: be stopped or the whole scheme OF ih'
= Judge ana ExccutiOncr.
Experience has proven that no commls
:. sion can be a disinteresled board OF ar
gagged in the prosecution of the case a
: bar Hence. if the recommendation o
: the president is adopted, the arbitration
d commission. which should be appointed
t for the purpose of arbtratng dispute:
h in respect to rates. should not be charge,
@ with the executive duty Of enforcing TIT
decisions.
/, The men appointed members of TIN
g commission should be men of the highes
|, capacity and of the stricteSt integrity
: appointed for these merits and not 10
the purpose of regarding political serv
$ ices The position of arbitration commls
s siorer should be made of as much dig
Q nifty and their tenure of office be as sc
|. cure as justices of the supreme cour
II Of the United States.
j. Like justices Of the supreme court, thel
IS Office should not be subordinate to
e subject to dictation of any other branc
e &c tho "overnment. ana they snould nor
y their offices during life and good behavior
< removable from Office only by impeach
e lnent and conviction.
y Ny own Judgment is that. Tor reason
c stated ut considerable length in an ad
n dress at meeting of the Washingto
Y Economic society last February, II, woul
r be wiser to clothe Il legislative commute
with general authority to make in
schedule rates. bat the recommending
N of TIE president, with Il properly censu
lie tuted arbitration commission, would Wor
g out in the course of years PRACTICAL
II the eamo results, and perhaps Il graduf
ID working out OF the problem would b
~ wiser.
y Mr.. Chairman. never before has tn