The Washington times., 1905-02-11
LAW WOULD not
END COMPETITION
Daniel Davenport's Opinion
of Rate Bill.
LOCALITIES WOULD FIGHT
Thinks Legislation Cannot Reach OF
Control the Jealousy and BickeTing
of Terminal Cities.

Even if one man owned all the rail-
roads of the county and regulated ali
the rates, there would still be competi-
ton between localities, which is the
greatest Of ali competition" declared
Daniel Davenport, Of Bridgeport, Conn,
in the continuation today of his testi-
mony before the Senate Committee of
Interstate Commerce.
Mr. Davenport's argument on this
line was that the hue and cry against
the railroads for sitting competition was
all mistake, since even If eonsoiida-
ton and unidcation of interests is so
much in vogue nowadays it does not and
will not dispose of the greater kind of
competition, that between localities.
Model New England.
The witness told how spiendidly every
thing is done in his home State by the
New York. New Haven and Hartford
railroad system Why said he, sit
is plaeidity itself up there, as compared
with Illinois, where they have a COM
mission hard at work.
In Connecticut there are practically
no complaints whatever as to rates 1t
is manufacturing State, with hundreds
of shippers having to look into rates for
their goods. But their main idea is In
broadening their trade opportunities and
getting their goods into new territory.
This creates the competition between
localities which affects rates more than
anything else
Elkins Asks Questions.
Chairman Elkins propounded some far
reaching inquiries in the course of the
I'd If I
lana. DoIIiver. Foraker and Newlands
Joined in the asking Of questions
Cant some power be found in Con-
gress," Mr.. Elkins inquired, ito help
shippers in cases where rates are add
mittedly too high, as, for instance, in
case wheat rates are advanced beyond
proper bounds by two men controlling
the whole situation, and putting prices
beyond the power Of the poor people,
or the plain people. to buy? But where
competition is perfectly proper and
legitimate, do you think Congress
should interfere there?"
At another point Mr.. Davenport, re-
ferring TO himself as "a poor wandering
lawyer" said he could see no reason
why he should answer questions which
the Supreme Court had answered in
many cases. and left the solution to the
| judgment of Senators.
Power to Regulate.
/ At the opening of the session, Senator
Foster inquired at length from witness
| as to the extent of his views on the
| powers of the Government to reguia tie
interstate commerce. and the liTnifz-
tons imposed by law.
| Mr. Fosters examina ton was in the
nature of an elaborate legal argument.
| to which Mr.. Davenport made bored af-
| firmative replies
! The Senator. in conclusion, commented
on what he termed an anomalous con-
| dition of affairs. In that the railroads
which are the creatures of Congress can
| violate provisions of the Constitution
and yet Congress cannot insist upon
them obeying the law.
To this Mr.. Davenport made reply at
length. in explanation of his position
Mr.. Foster Interrupted TO inquire
again the general view Of the witness
and received the afffrma ton that Con-
gress has the power to fix rates
| DO you or do you not dispute the
! right of Congress TO delegate a Iegisia-
tive power?'' inquired Mr. Foraker
In reply. witness said the Supreme
Court had decided that Congress Eas
| that ROVER
Differences in Rates.
Interstate commerce and commerce
| within a State are two entirely different
propositions, said Mr.. Davenport There
are ten persons travelling from point Il
point within Il State to one person who
is engaged in interstate travelling" said
the witness. but in fraight the PROPOSE
ton is very different"
/ Witness felt sure that men outside ti1e
railroad business would not appreciate
these differences and would do q great
deal of harm. He quoted action taker
by the commission years ago.
| Did they ever change that ruling -
inquired Mr. Deliver
Not the same members; they dieC
| out replied the witness.
Dolliver al Authority.
Mr.. DoIlfver showed an intimate ac.
quaintance with the law and many de.
cisions of the commission. He told OF
! having looked into forty cases and hav-
ing examined them carefully. Some OF
iFthese he quoted in later references.
| E =. Bacon, the statistical expert who
| testified at length before the committee
wished to fnterpose a question a this
point. but a nearby Senator suggested
to him that as he HAD been heard BY
the committee, he permit the same op.
portunity to other witnesses.
The members of the committee present
| were Chairman EIkins. Kean Foraker
DolliVer Clapp. Willard. McLaurin Eos
ter of Louisiana, and Newlands.
NJ A 5YrTN