The Montgomery advertiser., 1905-11-04
Z WEATHER F0RDCAsT.
Washingten, Nsv. 4-Fsf Alabsma--
Partly e3suay Saturday sna sunday,
li9ht, variable Winds.

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challenged rate 10 denied because OF
the technical character Of the work;
because familiarity with its require
ment only can come through lone
training and experfence THIS areu-
ment might be potent 4 y were pro-
posed to give the Commission the Pow
| er to initiate rates and practices. THIS
however, 10 not the proposition.
It IL not proposed 70 CONFER upon tne
Commission any greater or oneren'
power than courts q equity POSSESS
under we'll known branch OF equity
| jurisprudence.
The Commisstcn sits IN the nrst m
stance to determine therceeonabieuess
Of the challenges rate or grectice ano
IN 80 DOING perfoFme an ORDINARY judi
oiaI function. There y NO Get Or trans
action, however techniael complex. or
importers whose legalisy nay not pc
called IN qucstioh - z coux Courts
cnanics. medlcine, art tnsoio9y ana
finance, hear fne eiuoidatlone OF aovo-
Gates on either side and wtehout pre-
vi0us epectat framing "a tbs primer
pal sub5eet involved determine the
rights o. tne parties 20 Sne iesue.
Withou such power IN a. lndepen-
dent tribunal there could ~ no such
thing az properly ri9nts
There can pe NO suen sning a.
right without method "a determining
It's existcnce-
%, IN raSr~ct OF railroad rate or
practicc, hheEed % Pc unrea1onnnie ana
therefore ~ taWtui. whetnef pre-
sents tne simplest or the moat involved
question, the able experts Wno' y -
Cl3imE0. are alone C0mH2xE0[ TO coma
prehend and deal with tins questions,
may eniignten the commlsslon ana the
complaining shippers; and " Follows, OF
course. IL the weight ~ reason Is with
the railroads, the complaint VIII be
dismissed.
To contecture otherwise would be
to assume that the ccmmission could
not understand or would not heed q
sound defense.
Upon the other hand. ~ the complain
ont makes good his charge OF unreal
condolences In rate or practice. the
commission exercising the delegated
what would be reasonable under the
evidence.
The different views bro light forward
relative to the creation Of new courts
OF the appointment Of additional judges
have much, that may be said In their
favOr ana against them respectively.
Whether the existing circuit courts Of
the United States would be able to
handle the increased business that the
passage of the law proposed might i'm
pose upor them Is mere matter Of
conjecture. As between the sugges-
tions OF a permanent court OF COM
merce In washington composed OF
Judges who perform no other duty: a
court o. commerce II each circuit and
the srgpe sfion OF the creation of the
nine new circuit Judges and a court
of commerce. the personnel OF which Is
to be determined by the cher Justice
of TIE TTnfted Gtatcs who NAV hfusae1f
be at n loss to determine which. IL
any, Is wise plan.
Tn my Judgment I think that mat
ter can be left to be determined in
the future CorRressmen can well az.
ford to abide the result az experiences
in these matters.
short ana sfuapfe E.asx.
A very short and simple law would
reach the root OF fi6s Ii 4sfble. ~
should provide that the tolls collected
by common carriers and the practices
pursued by. them should be tusf. fair
and reasonable. The power to deter
mine these tolls and practices should
rest with he railroads and not be in.
terferec with except up,n COMPLAINT
ami after full hearing before the Inter-
statc Coueuce,ce 0on,,,,fa.son 49,