The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-05-19
SEEKING TO SHIFT
RATES TO COURTS
Senate Committee Is Trying to
Have Judiciary Made Rate q
Making Body.
BY w. w. Jerrnane.

Washington, May 19.-It is very EVIL
dent that the senate committee on IN
terstate commerce is seriously consld-
ering including in its report to con-
gress suggestion that the entire cues
tion Of rates be passed up to the req
questions, daily makes it clear that ne
believes the present laws are adequate
for the correction of all abuses and
that the situation would be quite ideal
If the interstate, commerce act cou!d
be slightly amended so as to make 1t
the duty of the courts to pass upon
the reasonableness OF rates complained
of and name rates in their place..
This theory of judicial control OF
the rate situation was exploited by
members of the committee this week
for the benefit of Joseph 81: Call OF
southern California, one of the, best
known lawyers Of the Pacific coast, who
has made careful study OF the law
points involved in the present controce
versy. Replying to the questions OF
members Of the committee, he took
the broad ground, previously occupied
by Attorney General Moody, that the
rate-making function is exclusively. a
legislative function and cannot, under
the constitution, be lodged with the
cial Should congress attempt to
clothe the courts with this authority,
he declared, the authority would not
be exercised. The supreme court would
refuse to try cases of that kind and
would indorse the attorney general IN
his assertion that the constitution would
be invaded by such policy.
Endorsed by Shippers. =,
The view taken by Mr.. Call and
the attorney general is Endorsed by E..
P. Bacon, representing the shippers,
and undoubtedly it is also the view Of
the president.
The effort of the senate committee,
therefore. to make the public believe
a remedy for existing abuses may be
had thru the courts, can only be in
tended to postpone action and thus
give public clamor an opportunity to
subside, the railways meanwhile to
make such changes in policy as will
prevent the clamor again being raised.
Congress has full power, and it may
exercise it directly or thru commits
sion, to fix railroad rates at any point
between the two extremes of a rate
that is too high or one that is too low
The courts may be appealed to for 4
decision as to whether rate, once it Is
fixed, is reasonable or unreasonable;
but the moment the courts are asked
to name rate in the place of the one
complained of, that moment they are
- asked to engage IN the work OF rate
making, and this work the constitu
ton says they shall not do.
Precedent in England.
In England, where there is no writ
ten constitution and where parliament
for that reason has wider authority
than congress has in this country, the
courts have always declined to f1
rates, altho frequently asked to do so
English judges say ratemaking is {
part of the duty of the Legislative
branch of the government, and that ii
parliament does not see fit to exercise
that authority, rates cannot be fixed.
Mr.. Bacon characterizes as absurd
the theory of the senate committe,
that the courts can be asked to deter
mine the entire question. He think
a report by the committee to congress
recommending such a course, even i
followed by appropriate legislation
would bitterly disappoint the peopl
and bring the rate-making question t.
the front later on with renewed energy
He wants the rate-making power con
ferred by congress on a commission
which will be the agent Of congress
in all rate matters, and this is wha
the president and the attorney genera
want. The senate committee on inter
state commerce, however, seems
want to give the final rate-makin
power to the courts.