Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-10
RAIL WAY LEGISLATION
Secretary Taft's Message to
International Congress.
SPIRITED DEBAT E
UNEXPECTED TURN GIVEN DIS
CUSHIONS AT BANQUET.
Mr.. Stuyvesant Fish, President Of the
Association, Replies to the
War Secretary.

A most interesting debate between Secre-
tary Taft and Stuyvesant Fish, president of
the American Railway Association. on the
question of railway legislation took place
last evening at the banquet which the Rail-
way Association rendered to the delegates
to the international railway congress in the
New Willard Hotel. 1t gave the affair
very unexpected turn, and injected a spirit
into 1t that was decidedly more lively than
is usual at a banquet.
The first speaker was Emile Heurteau,
who spoke briefly in the French tongue,
expressing the cordial sentiment of the for
eign delegates at their entertainment and
discussing briefly the more serious prob
lens of the congress. He referred pleas
antly of President Roosevelt land his siren
uous life NJ. Jusserand, the French am
bassador. followed, also speaking in French.
Summing up in a few words in English,
the ambassador said he had spoken moth
ing reasonable, but had talked of that
which ought to appeal to American minds,
the art of going fast. of going far and of
going well.
Secretary Taft's Address.
Secretary Taft fairly took the breath
of the 300 railway men when, after being
introduced as the apostle from the Philip
pines" he emphatcally declared that rail
way legislation must come; that if the rail-
way men of the country are wise they will
aid and not hinder it; that the sentiment of
the country is such that would do no good
to the railroads.
Secretary Taft spoke his mind on the
subject of rates, while silence reigned. He
was positively against government owner
snip he sald believing that nothing so
deleterious could come to the country as
this solution of the question
But, he continued, you cannot run
railroads as you run a private business.
You must respond to the public demand
If there is danger of discrimination then
you must allow the esta blishment of some
tribunal that will remedy that discrimina-
ton"
The Secretary saw no reason why a trib-
unal properly constituted should not be
competent In every sense of the word to fix
a maximum rate
Now, practically, gentlemen he contfn-
ued, practically, there is nothing, no power
so complicated in its operation, which comes
so near the people as railway rates that
can be so complicated that the public will
not regulate them if there is an abuse in
them. That may not be palatable but 1t is
true What the railway men of this country
ought to do is to assist in the passage of a
law that will accomplish the result 1t is
not an easy law to draw. but if they Will
stand up and assist they will take away
from the extreme feeling which exists
against the railroads because of the power
for evil that there is in this feeling. am
me last one to argue in favor of govern
ment ownership. 1 think nothing could
come to this country that would he so nm
fortunate in it's effect as the government
ownership of steam railroads. And we are
not going to come to it, but we may have
campaign on the subject which will do no
good to the railroads.
Understands Railroads.
1t is true that the railroads have been
suiity OF some abuses. and / say this be-
cause have run railroads for ten years
in court as judge through receivers. And
IL was nightly hard sometimes to get re-
ceivers who would not cut rates. I had
to stand them up at the end of eyerv
week and swear them to be sure and then
was not quite sure that they were not
cutting rates.
Most of the railroads today are pros
porous and when they are PROSPEROUS thew
can obey the law; but when 1t comes to a
question of the survival of the fttest then
the weakest begin to break the law and
that leads all the others in the same direc-
ton. What we want is a law that will
enable the railroads that wish to obey the
law to compel the others to do so or else
go out of business. / heard the other night
a speech from gentleman whom I very
much admire, an old friend of NINE Pres
ident Baer, and L thought his tone. his at
titude toward regulation was one that was
likely to lead the railroads into a posi-
ton from which they must some time sor-
rowfully retire. The railroads are a pub
lie institution-an institution which must
be regulated by law. You cannot run the
railroads as you would run a private bust
ness. You must respond to public de-
mands and if there is danger of dscrimi-
nation, then you must allow the estab-
HShment Of some tribunal which shall pun
ish that discrimination and give every man
who is affected unjustly the right to be
heard and the right to a remedy against
such discrimination
Mr.. Fish Responds.
President Fish, of the American Railway
Association, who had introduced Secretary
Taft in his capacity as POSTMASTER, was
on his feet the instant the Secretary con-
cluded.
He answered at length, saying among
other things:
Now, gentlemen, 1 am not a lawyer,
much less constitutional lawyer, and I
would not If I were a lawyer and a con-
stltutional lawyer attempt to construe that
instrument, but there are two courses open
before this government now with regard
to the regulation of railroad rates which
L would like to present as a business man.
somewhat conversant with railways in this
country from personal experience and a
little reading.
They are these: We are at the parting
or the ways in the government OF this
country, and the Secretary of War has not
by any means OverStated the seriousness
or the proposition that confronts this gov
ernment-not these railways; the railways
DO not make the lawsi Congress does that
Parenthetically let me say what 1 should
nave said before, that in so far as rebates,
tricks, devices, frauds and dishonesty of
one Kind and another are concerned tho
laws are ample.
The common law was ample. The pres
ent interstate law is ample. The Elkins
law or three years ago furnished the sspe-
cine means of carrying the other laws into
erect. These things can be stopped, and
should be stopped. The thing we lack
today Is not legislation but administration
AND that l demand, we demand, not merely
as railroad men, officers of railways-we do
not demand 1t, either, because we are
stockholders, as many OF us are but 1 de-
mand 1t, and we demand it, as American
citlzenS, because we have the right to de-
mand that these laws which Congress has
passed and the President has approved be
enforced, and be enforced without fear and
without favor and with a single eye 10
carrying out the law"
Vested Rights of Money.
Mr., Fish also talked of the vested rights
OF the money tied up in railways. He
apologized for allowing himself to be
diverted, and as he sat down Secretary
Taft, who sat next him, queried in a low
tone NAV have fifteen niputaa to ra