New-York tribune., 1905-04-19
RAILROAD HEARING.
Morascets appears Before Interstate
Commerce Committee.

Ta.hington. April lS-victor MorawetZ Of New
York opened the hearing before the Senate Com
lnittee on Interstate Commerce to-day. He Is
chairman of the executive committee and general
counsel of the Atchson. Topeka and Santa Fe
Railroad. He made a statement regarding the
mileage, stock. bonds and employees Of the rail-
road He said it a fair estimate that $4,000
persons would be interested in any legislation al
fecting the road.
Taking up the Esch-Townsend bill, Nfr Morawetz
said that the language relating TO the fixing OF
rates by the commission and for review Of such
rates by court was subject to questionable con-
structlon and indeAnlte to the meaning and
should be carefully considered
Congress- he said, could prescribe general rules
for the regulation Of interstate trahlc. Congress
could delegate to e commission TO determine prima
facie what rates are unTeasonably high subject TO
review by a court. In HIS opinion Congress could
bitrary rates without prescribing regulations and
rules governing its acts. Congress could not con-
fer judicial powers upon the Interstate Commerce
Commission. Congress could not impose courts
legislative functions Replying TO questions. Mr..
Morawetz said that Congress could not authorize
courts fix rates It could confer upon the courts
the power 10 determine If rate excessively
high or If a conhscatorly low.
Mr.. Morawetz spoke OF the commission as a po-
litical organization because It was provided that
not than three should be OF the same political
party 1t might that the commission would be
sectional and that It would discriminate in favor OF
Northern cities against Southern cities other
points
In discussing the provision OF the Constitution
that no preference shall be given by any regula-
ton OF commerce revenue 20 the ports of one
State another Mr.. Morawetz said that II the
discrimination IN fixing rates incidental and
not direct, there would be violation OF the Con-
sutution.
In the course of his remarks. Mr.. Morawetz said
he did rSt agree with those who thought the Inter
state Commerce Commission useless He
thought the Interstate Commerce act very
useful The commission had devoted too much OF
time to hearing and writing opinions which It
cannot enforce.
Mr. Morawetz said that a court should. in de-
termining a case, state what might be lawfully
charged a maximum rate; the railroads no doubt
would adopt II, Congress could provide that such
a should go into effect
In answer to a question OF Senator Elkins. MT
Morawetz said that foreign lines engaging partially
In United States commerce should be subject to
United States control. the same as roads in the
United States. Mr.. Elkns suggested that they
could and would be reached by this government.
Senator Foraker asked a number Of questions
relative deTentials for different ports and Mr..
Morawetz said that If Congress commission
fixed rate in favor of one point that did have
natural advantages. such action would be in
the nature Of preventing discrimination against
such ports. was the case now by the action OF
the railroads,
As number of Senators desired to ask Mr.
Morawetz questions, he requested TO be present
tomorrow at Il o'clock to which hour the COM
mittee adjourned.
Senator Morgan's statement, submitted yesterday,
has been printed for the of the committee. The
Alabama Senator makes quite elaborate review
Of the rights Of States and the general government
relative to transportation companies In the course
OF his remarks he says:
Congress can confer jurisdiction upon the Inter
state Commerce Commission, or any other govern
ing body. 10 legslate rates any other mat
ter that concerns the relations Of common carriers
TO the public in all cases where such carriers are
within the exclusive jurisdiction of Congress
| see difficulty in empowering the Interstate
Commerce Commission TO enact regulations for the
control of the dealings of railroad corporations with
the public, in their capacity common carriers,
when the States that created them have surren-
dered such right of control and Congress chooses to
/ accept that duty.