Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-11-30
THE LAST RATE Bill
Interstate Commerce Com
mission Measure.
PROVISIONS ANALYZED
OBJECTIONS OF SENATE COM
MITTEE MEMBERS.
Gives the Commission Executive, Leg
islative and Judicial Powers All
Alike Binding on It.

Alike Binding on It.
The draft of bill for the solution OF
the railroad rate problem that is before
Congress by the interstate commerce COM
mission, which was sent to the Senate COM
nittee considering that subject yesterday
afternoon, did not come great surprise
to many senators on the committee. All
the members of the interstate commerce
commission were before the committee last
spring so that the committee was familiar
with the general ideas that prevail among
the commissioners.
The commission for many years mas
sought every opportunity to make Sc
cure an increase in it's powers. 1t has made
various recommendations from year to year
with that end in view. When it's members
were before the committee last spring many
of these recommendations were outlined
and the views of the members were made
clear. The chief interest that attaches to the
bill framed by the commission is derived
from the fact that 1t presents in a more
concrete form the plans that were in
general way referred to then.
Not Believed to Be Presidents Bill
From statements that have come from
the President from time to time it is~not
generally believed that the commissions
bill represents his views except, perhaps,
in a general way. The President has ia
vored the idea of the settlement of dis
putes between carriers and the railroads
through the instrumentalfty of a commits
sion, and some of the provisions of the
commissions bill are recognized as those
that the President is known to approve.
But there are members of the senate COM
mittee on interstate commerce who have
hnny IN. oil M pra
during the past few weeks who declare
that they are not able to state with con-
fidence exactly the kind of a bill that
would meet his views.
But it is very clear that the committee
will not adopt the bill presented to it
by the interstate commerce commission,
unless many of the members experience
complete change of views. which at this
time does not seem at all likely. The COM
missions bill Is regarded by many of the
members as being paternalism run wild
without even being consistent
The bill Is now at the government print
ing office being printed with italics to In
indicate the new matter that is in it. AS
drawn up. It Is the old interstate commerce
which can only be clearly determined in
their full scope when the bill has been
printed to indicate just what Is old and
what is new.
Largely Increased Powers.
The bill gives the interstate commerce
commission largely increased powers in line
with their recommendations for many years
past. 1t is declared by some senators who
have examined this proposed bill that If 1t
becomes a law it will give the commission
executive, legislative and judicial powers.
all alike binding on it. 1t is said that If
the view of the Attorney General is accepted
these features of the bill will alone be suf-
ficient to brand the measure as constitu-
tional.
Those who oppose this measure say it will
be the duty of the commission under 1t to
act as inspectors and detectives through
their agents in order to discover abuses.
They will then, it Is declared. have to ex-
ercise executive power to prosecute, Jul
dicial power to decide the case they bring
and prosecute before themselves and, last
ly, legislative power In substituting new
rates for those they disapprove and con-
denim.
'There has never before said promf-
nent opponent of the bill in Congress. in
the history of our country been an attempt
to consolidate all the powers or the gov
eminent in one body, as now proposed in
this bill of the interstate commerce commits
sion. When it is remembered that this COM
bination of all the powers of the govern
ment has reference to property interests
amounting to billions of dollars, and affect
ing the business interests of many millions
of the people, 1t will be seen that the propo-
sition is of the gravest nature 1t is diff
cult to understand how such combination
of the vital powers of the government with
respect to these vital interests can be ap-
proved on grounds of good policy
Only Democratic Support.
Other prominent leaders when seen to-
day, declared that this measure will receive
the support of the democrats in the Senate,
although portions of 1t might meet the views
of some republican senators. They de-
clared that a large portion of the demo-
cratic minority think they see trouble for
the majority in this measure presented to
them by the interstate commerce commits
sion, and enjoy it accordingly.
The legal features of the bill are also re-
ceived with as little favor by It's opponents
as are its bearing on what they regard as
public policy In order to prove their
case in that respect they quote the opinion
of the Attorney General of the United
States. given in his letter of May 5, 1905,
to Chairman Elkins of the Senate commit
tee on interstate commerce.. This they say
overthrows the measure as unconstitutional
IL it could be enacted. In that opinion the
Attorney General makes an argument
against comforting the legislative power
upon the courts. In the course of his argu-
ment he cites number of authorities, and
among others what Is known as the Kansas
Court of Visitation case, which involved
the constitutionality of a statute of Kansas
creating court Of visitation. with many
functions Of legislative, judicial and adj
ministrative character combined. The court
held that such commingllng of powers
was unconstitutional After citing this
case the Attorney General says 1t ILLUS
trates the principle that the nature of legis-
iative and judicial powers Is such that they
cannot be Joined together and vested in the
same body consistently with the theory
which underies the Constitution OF the
United States and those of many. IL not of
all, of the states
The Attorney Generals View.
That view of the Attorney General viii
have strong bearing on the bill framed
by the interstate commerce commission,
and 1t is declared that all authority uphoIds
it. 1t Is stated with great confidence by
the opponents of this measure that IL 1t is
ever enacted into law It will readily be dis
posed of when it gets into the courts, on
the ground of inyalidity.
Another feature of the bill that Is receiy-
ing great deal Of criticism Is that proyt-
sion which provides for the fixing of mini
mum as well as maximum rates by the
commission. When 1t comes to empowering
commission to fix the lowest rates al
which railroads shall haul freight or pas
sengers 1t Is declared that the peopla of
the country will be heard from In M rrca,,