Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1905-12-09
Presidents Message

ing with a plea for the cooperation ct
all classes in continuing the eountry's
prosperity and in correcting existing
evils, Cor square DEAR for every,
body, the message first takes up the
question of corporations and railroad
rate legislation. The president says:
CORPORATIONS
am ia no sense hostile to corpora
tons This is an age OF combination
and any effort to prevent all combina-
tion will be mol only useless, but in the
end vicious, because Of the contempt
for law which the failure to enforce
law inevitably produces. The corpora.
ion has come to stay. Just as the
tradcs union has come to stay Each
can do and has done great good. Each
should be favored so long as it does
good. But each should be sharply
checked whore Il acts against law and
Justice.
Experience has shown conclusively
that it is useless to try to get any ade-
quate regulation and supervision Of
these great corporations by state ac-
ttOh- kOttAt AG~Ttsts4AtoAt anu DtsRAA fAoANA
can only be effectively exercised by q
sovereign whose jurisdiction IS cock
tensive with the field work OF Inc cor
porations-that Is. by the national gov.
eminent I believe that this regulation
and supervision can be obtained hy the
enactment of law by the congress. If
this proves Impossible, II wiz certainly
fc x4ff fff.tf m. m
fullest form such power upon the ma
tional government by affirmative ac-
ment of the constitution
The laws of The congress and OF the
several states hitherto az passed upon
by the courts, have resulted more often
in showing That the states have no
power in the lnatter thag that the ma
tional government has power: SO that
there at present exists a very unfortu-
nate condition Of things, under which
these great corporations doing an in
terstate business occupy the position Of
subjects without sovereign, neither
any state government nor the national
government having effective control
over them. Our steady aim should be
10y legislation, cautiously and carefully
undertaken, but resolutely persevered
in. to assert the sovereignty of the M
tional government by affirmative ac-
tion.
This is only in form an innovation.
In substance ii is merely a restoration,
Tor from the earliest time such reguia-
don of Industrial activities has been
recognized in the action OF the law
tnaking bodies, and all that / propose
is to meet the changed conditions in
such manner as viii prevent the COM
monwealth abdicating the power il has
always possessed, not only in this coun-
try, but also in England before and
since this country became q separate
nation.
RAILROAD RATE LEGISLATION.
AS | said in my message Of Dec 6
last, the immediate and most pressing
need so far as legislation is concerned
as the enactment into law OF some
scheme to secure to the agents of the
government such supervision and regu-
Iation of the rates charged by the rail
roads of the country engaged in inter-
state traffic as shall summarily and eff
fectively prevent the imposition Of I'M
Just or unreasonable rates. 1t must
include putting complete stop TO re-
bates in every shape and form. This
power to regulate rates, like all similar
powers over the business world, should
be exercised with moderation, caution
and self restraint, but it should exist,
SO that it can be effectively exercised
when the need arises.
In my judgment, the most important
provision which such law should con-
tain is that comforting upon some com
petent administrative body the power
to decide upon the case being brought
before it whether given rate pre-
scribed by railroad is reasonable and
Just, and lie it Is found to be unreason-
able and unjust then, after full investi-
CATION of the complaint, to prescribe
the limit of rate beyond which it shall
not be lawful to go-the maximum
reasonable rate, as 1t is commonly call
ed-this decision to go into effect with
in reasonable time and to obtain
from thence onward, subject to review
by the courts.
1t sometimes happens at present, not
that a rate is too high. but that IA
vored shipper is given too low rate.
In such case the commission would
have the right to fix this already estab-
lished minimum rate as the maximum,
and it would need only one or two such
decisions by the commission to cure
railroad companies of the practice of
giving improper minimum rates. l call
your attention to the fact that my pro-
posal is, not to give the commission
power to initiate or originate rates gen
orally. but to regulate a rate already
fixed or originated by the roads upon
complaint and after investigation. A
heavy penalty should be exacted from
any corporation which fails to respect
am order of the commission. l regard
this power to establish a maximum
rate as being essential to any scheme
of real reform in the matter of railway
regulation.