Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-07-07
ON RATE LEGISLATION
GEORGE R. PECK REPLIED TIC
VIEWS OF THE PRESIDENT.
Declared ch-Townsend Bill Illogical,
Awkward, Unscientifc, Dishonest
and Probably Unconstitutional.

speech in reply to one made by Presi-
dent Roosevelt in Denver several weeks ago
On railroad rates WAS delivered at Denver
last night by George K. Peck of Chicago,
before the Colorado Bar Association He
said, in part:
II conccde that Congress may fix rates
for interstate transportation. Whether it
can delegate THAI power to a commission Is
another question. and whether it can give
to commission executive, judicial and leg
islative powers is greater and more diff
cult one. l think it probable that the rate
making power may be delegated by Com
gress TO a commission, but only because
the Supreme Cour; has INDUCED in dicta TO
that effect
'The power TO regulate commerce as
granted in the Constitution, meant some
thing very different from making rates.
But We must take things as we find them,
and l do not question the power of Con-
gress to make rates, or authorize them to
be made, if 1t does so within the Constitu-
ton, which gives 1t all the power It has.
1T may be admitted that there is some
demand in certain quarters for legislation
comforting additional powers upon the in
terstate commerce commission. That de-
mand, however, is not nearly so loud nor so
persistent as is claimed by certain of its
friends.
mo one will deny that the first duty OF
the common carrier Is to treat all it's pat
rons alike Whatever may be the rule at
common law, it is certain that in the lee1s-
latfon of Congress interstate carriers are
bound to maintain legally perfect equality
among shippers and to eschew all unfair
or unreasonable preferences and discrimna-
lions. This was, as is well known, the prin-
cipal motive underlying the interstate COM
merce act. AS the law stands today the
whole power of the government may be in
voked against an offending carrier. without
the delays of criminal prosecutions and the
uncertainties of jury trials.
1T is difficult to see wherein the Esch-
Townsend bill improves the list of present
remedies-and certainly the delegation to
the commission of the legislative power to
make future rates will not add to the rene
dies for violation of existing law. The BILL
by vesting the rate-making power In COM
mission, clearly delegates a legislative
power. That would be bad enough If II
stood alone. but when united with the judi
cial power 1t Is probably unconstitutional,
and certainly violative of the fundamental
principles of free government. There can
be no possible excuse in such a government
as ours for such an open, fragrant and reck-
less disregard of fundamental principles as
is proposed In the Esch-Townsend bill.
THE rate-making power upon any rail-
way Is the power Of commercial life and
death. 1t Is. under the Constitution, clearly
a property right-sub1ect, Of course. to the
regulating power of the state which created
1t-and as to interstate business Of the
United States. All property rights in this
country are protected by the federal Con-
stitution, and in the great amendments
which protect life. liberty and property the
term liberty means not simply the physical
privilege of being out OF Jail, but the right
freely to carry on ones business, using and
enjoying ones faculties and liberties ac-
cording to the law Of the land. Placing all
these in the hands of commission is GER
tainly wrong and probably unconstitutional.
The whole scheme Of the bill ia Illogical.
81 a.
bility, unconstitutional. That 1t Is a crude
affair. making little attempt to q scientific
and systematic treatment of the railway
rate question. Is admitted by all Intelligent
men"