Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-01-26
HEPBURN BILL FAU[IY
Governor Cummins Declares the
Measure Will Not Give the
Relief Wanted
THE OBJECTIONABLE FEATURES
Iowa Executive Points Out Many De-
fects in Hepburn's Rate Control Bill
and Declares That It Favors tho Rail-
roads Instead of Giving Justice to the
Shipper. :.

Des Moines, Jan. Ex-Governor Cum
MINIS in a statement OF his views with
respect to the effectiveness Of the Hep
burn bill to reach the evils complained
of by the people and to provide 8. rem
edy therefor, declared that the meas
use is absolutely inadequate and points
out some Of its defects.
Il say unreservedly that it ought not
to become a law" said Governor Cum
nmis last night. 1.-THE producers and
if they accept 1t as q remedy for exist
ing difficulties. The Objectionable feat
ures are:
"F'irst-It enormously and uuneces-
sariy increases the Judiciary of the
United States and adds an immense
burden of expense altogether unwar-
ranted. Section 20 provides for the
appointment of an additional circuit
judge in each of the judicial districts
of the United States. | can hardly be-
| lieve that Colonel Hepburn intended
this, for it would add about one hum
dred new circuit judges. as there are
about that number judicial districts
1t must be that he meant Judicial cir
cults of which there are nine.
Assuming that he meant circuits
it is still true that we have no need OF
nine more federal judges. Those we
have can do all the work that is to be
done. including all cases that may arise
| lnCar ho fat n Of nd
still have abundant time to tnke long
and restful vacations. Federal judges
are not overworked
| 'Second-It creates a new court
composed of five judges with it's reti-
nue. of clerks, bailiffs, stenographers
and messengers, which, instead of
clearing up things, will serve simply to
still further entangl. our complicated
| judicial system.
| 1T goes without saying that the or
ders of the Interstate commerce COM
mission or any other commission must
| be renewable by the courts, but we
| have plenty of them already organized
with all their machinery in motion, OPP
Grating upon principles well understood
and l sincerely hope that they will be
permitted to administer justice in
the usual tlme-honored way.
'Third-Section one is unfair be-
cause it delays the operation of the
rate established by the commission for
sixty days and then allows the railway
company to indefinitely postpone or
suspend it If the court is of the opin-
ion that the order or requirement is
| unreasonable or unlawful.
II fear that in practice the suspen-
sion would occur as a matter of course
upon filing a bond and / do not con-
slider n bond as of any practical value
to the shipper.
II think that the only Just provision
on this subject is to declare that the
rate made by the commission shall go
into effect as soon as the new rate
can be published and remain in effect
until annulled by the final decree of
the court unless the commission is re-
strained by preliminary injunction is
sued according to the established rules
Of a court Of equity.
"The section is further unfair be-
cause it provides that the railway COM
pany can, in substance, appeal from the
action of the commission IL 1t Is not
satisfied; but it does not provide that
the shipper can appeal if the commits
sion refuses the relief prayed for. The
sauce for the goose ought to be sauce
for the gander as we'll.
"Tourth-I think the bill Is peculiarly
unfortunate in demanding at this time,
under all the circumstances. new in
terstate commerce commission. I agree
that the salary should be sufficient to
command the highest type Of men who
have learning enough Jand breadth en-
ough to do justice to the great inter-
ests involved; but we do not need a
larger commission than we now have
nor should 1t be changed in the man
ner suggested by the bill.
"Fifth-To sum the matter up, 1t is
INV opinion that the bill proposed by
Colonel Hepburn would give no relief.
at rests upon theory which is rad
ically wrong.
at is at war with all our notions
Of the relation between the legislative
and judicial branches of the govern
ment. 1t introduces substantially the
practice Of appealing from the exer-
else of legislative power to a judicial
power.
envy own view is that congress
should invest the commission with
mower to make rate after hearing and
investigation, and to put the rate into
operation.
IF the commission abuses it's power
or exceeds its authority. then let the
courts we hive correct the abuse or
restrain the excess, using the process
es with which we are all familiar-
lust as they would do if any other
hoard or commission exercising quasi
legislative functions should commit
wrong.
"rhe law Of this state furnishes
very fair precedent if Colonel Hepburn
shall think it wise or find it necessary
to redraft his bill"
ASSESSORS OBJECT