Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-07-07
Chicago Lawyer Tells Colorado
Bar Association Escll-Town-
send Bill lis Illegal
HE REPLIES TO ROOSEVELT
Comedies That Congress Has tho Right
TO Fix Ratios for interstate Com
morco and May Delegate tho Power
to a Commission, But Says it 10
Wrong Just tho Same.

Colorado. Springs. Colo. July. L.
Over 200 Of the leading lawyers Oh ING
state were present yesterday Whch
the eighth annual session OF the Colo
rnao Ear association was called to or
der by Justice Luther M. GODDARD OIL
the state supreme court.
At the session last night the annual
address was delivered by George II.
Peck. OF Chicago. his subject being
Government Regulation Of Railroad
Rates" being reply to the speech re-
recently delivered In Denver by Pres
idcnt Roosevelt. He said:
concedc that the congress may fix
rates for Interstate transportation.
Whether 1t can delegate that power to
u commission is another question. ana
whether 1t can give to II commission
executive. judicial and Legislative pow =
ers is u greater and more difficult one.
think 1t probable that the rate ma
king power may be delegated by con-
Rre3s to a coulmiBsion--bu only be-
cause the supreme court has INDUCED
In dicta to that effect. The power to
regulate commerce us granted In the
constitution, meant something very
different from making rates. But we
must take things as we find them, and
do not question tise power OF con-
grcss to make rates, or authorize them
to be made---if 1t does so within the
constitution, which gives 1t all the
power ii has
The rate making power upon any
railroad liz the power Of commercial
life and death. 1t Is under the con-
stitution. clearly a property right
subject, of course. to the regulating
power Of the state which created it.
and as to interstate business. Of the
United States. All property rights in
this country are protected by the fed
eral constitution, and In the great
amendments which protect life, liberty
and property the term liberty" means
not simply the physical privilege OF be-
Ing out Of jail, but the right freely to
carry on one's business, using and en-
joying ones faculties and liberties, ac-
cording to the law of the land.
Placing all these in the hands of a
commission Is certainly wrong and
probably unconstitutional.
The Esch townsend bill not only
subjects all these rights to the caprice
of II body of men claiming executive.
judicial and Legislative powers, but
confers upon that body an implied
and perhaps an expressed--power to
repeal any regulations which congress
may have heretofore made.
The whole scheme of the bill Is IL
logical, awkward, unscientiflc and In
all human probability unconstitutional.
That 1t is q crude affair, making little
attempt TO a scientific and systematic
treatment OF the railway rate question,
Is admitted by all intelligent men.
Even its supporters find 1t hard to
swallow 1T. The Chicago Record Her
aid, admittedly one OF the ablest and
most influential newspapers in the
country, has supported the Esch-
Townsend bill until the issue of July
3, when 1t came out distinctly and
squarely attacking certain provisions
of that bill as unfair and unjust to the
railways.