The sun., 1905-11-23

The most recent expression of Mr.
RoosEvELrs views and wishes concern
ing railway rate regulation was con
Tained in his Raleigh speech Of October 10
This utterance merited and received
praise for the moderation of it's toni
and the careful choice of the words
used in stating the question
In referring to that speech II will bC
observed that the President repeatedly
and apparently with deliberate inten
tion, spoke of the Interstate Commerce
Commission as an administrative" body
He employed the adjective administra-
tive not less than eight times in connec.
ton with the commission, as follows
what need is to have some DdmmiSir0ntt
body with ample power 10 forbid combination ina,
10 harmful to the public and to prevent tayori,is,
TO one individual at the expense OF another"
We want administrative body with the power
10 secure fair and lust treatment as among all
Shlppers who use the railroads and all shipper,
have a right to use them"
1t is out OF question Tor the Law Department
Of the Government 10 do what should be purely
administrative work"
The Department OF Justice is to stand behind
and cooperate with the administrative body, but tho
0dnfniHrdfirG body Itself must be given the power
10 do the work and then held to a strict account e.
ability for the exercise OF that power"
Private cars, terminal tracks and the like must
he brought under the control OF the commission
or administrative body which IS to exercise super
Vision by the Government"
But In my judgment the most important thing
10 do is to give this ADMINISTRATIVE body power TO
mako Its findings effective. and this can be done
only By giving 1t power, when complaint is made OF
given rate as being unjust or unrcaSonsble II It
hnds the complaint proper then tsel to hi maxi
mum rate which II regards as Just and reasonable,
this rate 10 go into effect practically at once that
is within reasonable time. and TO stay In effect
unless reversed by the courts / earnestly hope
we shall SEQ a law giving this power passed by
Congress"
Ny object In giving these additional powers
to the adminSranre body representing the Coy.
ernment-the Interstate Commerce Commission
whatever 1t may is primarily to secure
real and not a sham control to the Government
representative"
If the President had desired 10 en-
phasize his understanding Of the dis
tinCtion between the functions of an
those of a judicial tribunal he could
scarcely have made his meaning clearer
than in the Raleigh speech.
In the address delivered on October IL
in Newark by Mr.. SAMUEL SPENCER,
representing the railway interests op-
posed to the fixing of rates by the In
terstate Commerce Commission as a
judicial body, we find these considera-
tions set forth among what Mr. SPENCER
regards as vital points in railway rate !
regulation:
Virtually there Is not single respect In which |
the Interstate Commerce Commission resembles n /
court. 1t has extensive administrative duties to .
perform. 1t is required also TO Investigate to hear
and to institute complaints. and to prosecute Of
tenders under the Act TO Regulate Commerce.
In other words, besides Its numerous other fInc.
tions, 1t is sort OF railroad Grand Jury In the
courts OF this country Grand Jury cannot try
a case which 1t has investigated and inaururatcd
and no member OF the Grand Jury can SIT upon
The jury which tries the case The commission
which investigates offences and initiates prosecu-
tionS may and does In addition sit in Judgment
upon some cases which have been the subject of
The investigation and prosecution. In other words
the plaintiff OF the litigation Is the Judge that tries
the case All such features are utterly foreign to
courts. and they are utterly Incompatible with an
impartial attitude. Why should one class Of prop.
"rty be Disseminated against and be denied the
protection of established procedure when all other
property Interests have the full benent of the
untrammelled judgment OF the duly constituted
courts!
1t may be said, however. that 1t is proposed
Nh thar aI.
shall be subject thereafter to the action of the
court According TO the plan proposed, the rates
made by the commission become effective pending
review by, the courts. In other words, this argu-
ment, while involving admission that the rail-
roads are entlt1d to judicial trial, makes the re.
markable demand that they shall be convicted
before their trial can begin and stand convicted
and suffer the penalties OF the conviction during
the trial Surely II the railroads are cntltled to
trial in court, they entitled to trial before
penalties enforced \ judicial trial TO be
effective must take place before and not after
condemnation and punishment
Whatever may be decided as to the necessity
for additional regulation of railroads. motives of
fair play. well as eHpedency should concluslvcy
require that the railroads ran have the same fair
and impartial trial before the courts constituted
in the ordinary way as is accorded to all other
property" {
is there not common ground in the
PTesideni 5 KNl6igh FPeech and in SIr-.
SPENcER's Newark argument against a
forced union, In the Interstate Commerce
Commission, of functions administrative
and functions purely Judicial? Cannot
everything which the President seeks
to accomplish be effected while preserv-
ing yly the proper distinction be-
tween an administrative body and !
judicial tribunal? l
Secretary Taft's Good Phrase. ,