The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-06-05

vAln4 Of 4p0ut 4l3souOsOuUsVO tne Hoss -
portAEt single property interest IN the United
States. It would create form Of bureau
cratic government moro absolute than any
existing In any other country In the world.
u would certainly b contrary TO the Anert-
csn system Of government and TO American
ideas Of liberty.
Tho sctlon OF tho commission In such
case would b subject only to the right Of
the carriers to resort to the courts TO pre-
won't oonhseatory action. Provisions for q
further judicial revisw would be illusory.
Under the bills that have been introduced
In Congress. tho only question that could be
considered upon an appeal by railway
company would be whether the rate pre-
soribed BY the commission was oonfiscatory.
and the only question that could be consld-
cred upon an appeal by shipper would be
ate or discriminatory. II locality should DO
agerieved BY the action OF the commission.
probably II would not have any redress what
soever.
A sYsut Of discretionary power to AZ rail-
way rstes within the limits Of legality. -
hsrstofore dshnsd. would necessarily In
clude power. through IN sdjustnsnt OF rates.
TO Affect tho rslative rates Of different local.
ties and to aid ono locality In the country at
the expense Of other localities by establish
ing Q difHerential. In some OF the bills In
troduoed at the last session OF Congress It 10
provided In express terms that the commits
sion shall have power to prescribe the just
relation Of rates to or from common points '"
but. Irrespective Of such provisions. the power
srsnt Of q purely discretionary power OF
fixing rates.
Tbs Constitution of the United States
provides that mo preference shall Be given
By any regulation Of commerce or revenue
70 the ports Of ono State over those OF an.
other.' In oonstruing this constitutional!
prohibition II u 70 Be observed. first. that IL
applies only 10 resulations Of commerce oy
ConSress and not to State legislation giving
preferences TO certain ports: secondly. that
IL does not prohibit individuals or railway
companies from voluntarily giving dineren.
tisls or preferences to certain ports: and
thirdly, that It applies TO all regulations OF
commerce established by Congress or by
commission created BY Congress. An order
OF . commission fixing rates can be sustained
only on the theory that 1t 10 regulation OF
commerce by the Legislature. acting through
the commission. and. - has often been de-
cided, such an order u subject to the same con-
stitutlonal limitations - regulation enacted
by the Legislature In the hrst instance.
II sesms clear that an act Of Congress reg
uiating inteRstate commerce 10 not In VIOLA
ton OF the constitutional prohibition merely
because the regulation would incidentally.
and not directly. give some advantage to
the pcrts Of ono State over those OF another
STATE. The constitutional prohibition would
forbid only Q regula ton Of commerce directly
and necessarily swing such . preference
The question therefore arises: Can direct
preference b given to the ports OF one State
ever those Of another through an adjust
msat Of railway rates In the United states7
OF course, the fact that railways were not
known at the time OF the adoption of the
Consultation has no bearing upon the Ques-
Hon. II Q law prescribing the rates OF rail-
way companies 10 Q regulation OF commerce
under section . Of Article L.. II must also be
regulation Of commerce under section 0 Of
the same article.
II u obvious that an act OF Congress-. or
an order OF commission, merely fixing the
MAXIMUM rates that may be charged by
railway companies IN respect OF shipments
to or through certain ports would not give
q preference to the ports Of one State over
those Of another. because the railway COM
panies leading TO each port could compete
freely with thoss leading to other ports by
reducing their rates. The establishing Of a
dinersntial In favor Of the railways leading
TO q certain port implies that the railways
leading 10 other ports shall be prohibited
from reducing their rates below prescribed
minimum, and that free competition among
them shall thus be stopped. While. possibly.
II MAY be held that the stablishment OF such
Q difierential IN respect Of shipments between
interior points and the cities situated at
different ports would not necessarily give
Q direct preference to any port. because such
shipments may not 60 through the ports. 1t
seems clear that preference would be given
by Q dilierential In respect OF through ship
ments to or from foreign points As the
through rates In respect OF shipments between
the same points must necessarily be substan-
TALLY alike by all routes. the obvious purpose
kt.I- 49, II. 49,
ship lines from certain ports larger share
Of tho through rate than the steamship lines
from other ports.
It ID dificult to see how the courts could
avoid recognizing the fact that the direct
and necessary result would be to give pref
erencs by statute to certain ports at the ex-
pense OF others. It Is no answer to say that
. regulation OF Con sress or Of commission.
merely establishing the just relation OF
rates. upon shipments by different ports.
would not grant q preference to the ports
Of any State. Stated BADLY. this would mean
that Congress or q commission can take
away from particular port It's natural ad-
vantAges by granting law-made advantage
to other ports by means Of a preferential
regulation OF commerce. The Constitution
provides that no preference shall be given
by any regulation OF commerce to the porta
Of one State over those Of another. To hold
that Congress or q commission can by law
give to the various ports such preferences
Is In the judgment OF Congress or a oon-
mission will eoualise their natural advan-
tages would wholly destroy the value of the
constitutional prohibition.
Tho constitutional prohibition was de-
signed TO prevent sectional legislation that
might array one part Of the country against
another. The Interstate Commerce act it.
self recognizes that the commission Ia sub
ject TO politics, as the act provides that not
more than three OF the commissioners shall
belong TO the same political party. One or
the other OF the great political parties will
always control the commission. II power
10 AZ the relative rates Of transportation
TO and from different ports or sections Of
the country 10 conferred upon 1t. the adjust
ment OF railway rates in the United States
will Inevitably become a political question.
Police LAwlessness.
To TIE EDITOR or THE SuN-sy: Many In.
stances can b. shown OF police lawlessness. and l
think TEE SUI 10 quite tight In showing that It Is