The Topeka state journal., 1905-01-31

rate is for the future. The court did
not hold that congress coutd not give
that power. The court held that con-
gress had not. The point is part of the
problem that court can pass on rate
that is of the past; that that is clearly
a judicial function, but that making a
rate for the future is not judicial The
supreme court seemed to hold that the
interstate commerce commission was a
court, not a commission, that it was
judicial not legislative.
Commission to Be Given Rate Power.
THE proposition is now to make the
commission legislative, to give it rate
power over the future.
when the interstate commerce COM
mission was shorn of one of its ele-
ments of power, to declare a reasonable
rate for the future, it became power
less to compel adequate remedy. The
agitation to reha bilitate the commits
sion began and has continued since. In
his last message President Roosevelt
favored this increase of power.
Several bills have been introduced
to this end, having very similar pi o.
visions. The bills have been referred
of senate and house. These committees
are now preparing a committee bill.
These will be reported or one will be
reported, passed and sent to the other
body.
ssThe bills provide, upon the whole,
---~-
in number or maintained as at present,
shall have power to declare and order
what shall be a just and reasonable
rate practice, or regulation to be
charged, enforced or followed in the
future in place of that found to be
obnoxious,' the rate to become opera
tive thirty or sixty days after notice.
In case of joint rates, the bills provide
that in case the carriers fail to agree
within twenty days after notice, the
commission may issue a supplemental
order declaring the portion to be re-
ceived by each carrier.
1.-THE proposition carries with it the
creation of a new court of transpor-
tation for appeal in some bills, in 9TH
er bills for the assignment by the
chief justice of the Supreme court OF
circuit judges to sit in nearing these
appeals The railroad which believes
that the rate declared for the future
is unlawful and unreasonable can ap-
peal and the court shall require a
bond of good and sufficient security,
conditioned that the appellant or
plaintiff in error shall prosecute his
appeal to effect, and if he fail to make
his plea good, shall, when the appeal
or writ is a SuperSedeaS and stays ex-
ecutiOn answer not only all COSTS but
all damages, which shall include COM
pensation for whatever sums for
transportation service any person or
corporation shall be compelled by the
appellant or plaintiff in error to pay,
excess of the sums a person could
have been compelled to pay if the or
der had not been stayed
LAS 1 have said, 1 don't think there
is any doubt but that the house will
pass a measure meeting in adequacy
the suggestion of the president.
The Real Opposition.
s'The real opposition, if it come,
will develop in the senate, possibly on
constitutional lines. Those favoring
the new legislation will stand on the
clause of the constitution: The con-
gress shall have power to regulate
commerce with foreign nations and
the states and with the Indian
tribes Those opposing the legislation
will attack from the fort made by the
when it recites that: No
person shall be deprived of
liberty or property without due pro-
cess of law The proposed legislation
unites the functions of the three CO.
branches of government. The
president names the commission and
court, the legislative branch delegates
the commission power and the
judiciary retains the SuDerViSiO0 of