Omaha daily bee., 1905-11-19
4 srAeaER1Ne coMPRoMtsE.

BennsylVanla, PRESIDENT Baef OF lne
Reading system and President Mellen of
the New York & New Haven railroad.
The compromise is said to be so much
Of a concession as to appear a surrender
and since no one believes for minute
that there is TO be a railroad surrender
much interest exists in figuring just
what this new twister means in an in
trlcate game. The proposition is:
Authorization Of a railroad rate commits
sion, consisting of nine expert railroad men
and lawyers at $4,000 a year, the commits
sion TO have power to- declare a rate eX-
cessive and to name rate in substitution,
that rate to stand unless enjolned by
court and the railroads to have the right
to carry the case as far as the United
States supreme court If necessary.
1t does not take long-distance mind
reader to foresee that the president will
not be taken off his feet by the proffer
of this staggering compromise TheO-
dore Roosevelt knows a hawk from a
hand-saw. He cannot fail to realize at a
glance that what appears to be a gen
erous concession is merely a tempting
bait, and what appears to be a surrender
is in reality bear trap. Tersely stated,
the presidents position has been that
congress shall empower the Interstate
Commerce commission to investigate
complaints of alleged excessive or dis
Criminative freight rates, and if after
full hearing the complaint is found to
be well grounded to declare such rates
unreasonable and substitute therefor a
lower rate, which is to go into effect
within thirty days thereafter and remain
in force until set aside by the courts.
The main object to be achieved by
this proposed legislation is to afford
speedy relief to shippers who are being
overcharged, or localities that are suf-
fering from discrimination. The posi-
ton of the railroads has been:
1. That interstate railroad rate-mak-
ing is not among the powers conferred
| upon congress by the constitution.
2. That even if such powers have been
conferred congress cannot delegate these
powers to any administrative body, but
must fix the rates by law the same as 1t
does tariff schedules.
Lastly, If congress does have the au-
thority to delegate the rate-making
| power to a commission, the railroads
strenuously object to the enforcement
of rate established by the commission
until it's decision has been reviewed by
the federal courts and by them pro-
nounced just and reasonable.
| Manifestly, the cleavage between the
president and the railroads has been
with regarl to the enforcement of the
new rate before it has been subjected
to the scrutiny and judgment of three
courts, namely, the United States dis
trict court, the appellate court and the
supreme court.
The staggering compromise is con-
cession insofar as the railroads admit
that they are willing to abide by what
they call an unconstitutional exercise of
power by congress, and are willing to
waive their objections to usurpation of
congressional powers by the commission.
The proffered concession is a trap in
that it processes a willingness to waive
objections to railroad rate-making by a
commission, provided that the amended
interstate commerce act will permit
them to nullify every order of the COM
mission establishing a rate by injunction
proceedings that will begin in the lowest
and end in the highest court This, in
deed, would be a staggering compro.
mise.
Divested of all needless verbiage il
means an almost unconditional surren.
der of the vital issue in the campaign
for railway regulation. 1t goes without
saying that by the acceptance of the
compromise the extension of the powers
of the commission would be of no prac
teal advantage either to the commission
or to the public. Every material reduc
ton in rates which the commission
would attempt would be Immediately
met by judicial restraining order tC
prevent its enforcement and the relief
would be postponed almost indefinitely
The proposed higher salaried commits
sion made up exclusively of railroad ex
perts and lawyers is apparently clever
: scheme to get rid of the present com
| mission and substitute for it nine SAT,
men who can be depended upon not I,
seriously interfere with the harmonious
, relations that now subsist between tn,
favored shippers and the railroads. Witt
the present commission legislated out o
office the alternative would be presente,
for the president to appoint men salts
factory to the corporations who woult
pass the ordeal of confirmation by tn
senate or to leave the commission va
cant until some other president shall
present names satisfactory to the saga
cious concessionaires.