Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-09-29
.OLN[Y 70 Mr.. bryan
Member of the Cleveland
Cabinet Writes Article on
the Rate Problem
SAYS THE COURTS MUST ACT
The Question Of State and National
Power Raised and Other compIica-
tions Are Suggested The Sure
Outcome Would be Government Owr :
ership Of Railroads.

the conservative wing of the demo
cratic party to w. j. Bryan's recent
open letter to the president on rail-
road rate legislation is contained in an
article by Richard Olney in the Octo-
Der number Of the North American Re-
view, published yesterday. In what is
practically his first public utterance ir
two years, Cleveland's former secre-
tary OF state presents his final judg-
ment against the proposed Legislation
in the form Of brief, covering not
only the law but the public policy in
volved in the agitation. The follow
ing are some of the salient features
of Mr.. Olney's argument:
The situation to be anticipated is
that railroads-private properties and
representing private investments ag-
gregating billions of dollars-will fine
themselves controlled in the vital m;lt-
ter of their charges, not by their pri-
waite owners, but by two public boa IDS
one representative OF local intere SITS
and the other of national interests,s nc
both antagonistic to the interests Of
the private owners concerned. The
two boards will aim at the lowest pos
sible rates, each in behalf of the par
ticular business under it's charge, und
Will therefore be in constant rivalry
with each other in the endeavor to ex-
tort from the carrier the best service
at the smallest cost. Under these con-
ditions anything like skillful, just, rea-
sonable or stable rate making becomes
impossible. A situation is created in
tolerable alike to the carriers and to
the public, and the sure outcome--un-
less the whole scheme of governm emf
rate making be abandoned-is govern
ment ownership.
A Political Goal.
Government ownership Of all rail-
roads is obviously the goal toward
which some Of the government rate
makers are striving, while others, ii
not welcoming 1t and not working fol
it, profess not to fear it, and claim
that 1t would at all events be an i'm
provement upon the present stat-ls.
"The significance and importance OF
the inquiry" continues Mr.. OIney, "are
apparent if we remember that the rail.
road is only one species of highway
and that what is true of railroads nus
be true of ordinary highways. The
jurisdiction Of the national government
must be the same in both cases. II il
is competent for the national govern.
ment under the commerce clause t.
own and operate all the great rail- Dads
OF olc hn
tent for it to own or control and Oper.
ate all the great highways Of ths
country.
"Ours is a government in both state
and nation by political parties and t.
Ioliticnl ratemaking for railroads =
ratemaking by politicians animated by
partisan motives and working for par
tisan ends-the objections of economic
and BUSINESS character and OH. thu
score Of public policy generally ere a:
obvious as they should prove ms upper,
able.
1.-The purpose Of the present pape!
is to point out that, beside such oh.
jections, railroad ratemakirg by tile ma
tional government presents legal ant
constitutional difficulties of the mos
serious character. 1t raises issue!
which concern the division of powel
between the several states and thu
United States, which have not bee,
fully and finally passed upon ty thu
national supreme court, and which, il
submitted to that tribunal half o. ever
quarter of century ago, wo I'D il
all human probability have been deter
mined adversely to the jurisdiction O
the general government"