Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1905-10-19
THE RAILROAD SIDE,
President Samuel Spencer Of the
Southern, States Their Case.
BEFORE NEWARK BOARD OF TRADE.
Says Provisions of the Esch-TOwn.
send Bill Are Equivalent to En-
forcement of Commercial
Lynch Law.

Newark, N. j., Oct. 1.-THE beart
Of trade of this city Wednesday even
ing was addressed by President Sam
uel Spencer Of the Southern railway
on railroad rate regulation. The board
is to hear both sides Of the railroad
rate regulation question and recently
wrote to President Roosevelt inform
ing him of that fact and telling Of
Mr.. Spencer's engagement. In reply
the president wrote suggesting that
Senator Cockrell or Commissioner
Garfield be invited to lay before the
board the other side Of the matter.
That government control of railroad
properties as proposed in the Esch-
Townsend bill which was considered
at the last Session Of congress, is un-
fair, unjust to the railroads, opposed
to the fundamental principles OF An
glo-Saxon Jurisprudence and is equiv
alent to providing by statute for the
enforcement of commercial lynch law,
was in substance, the reply of the rail-
roads to the agitation for railroad
rate legislation, as outlined by Presi-
dent Samuel Spencer in his address.
Mr.. Spencer said in part:
up to the present time shipper and
carrier have been free to work togeth-
err without political interference, to
facilitate the establishment and devel-
opment Of new industries; to reach out
for new markets for Our farmers and
manufacturers; to Great new commun-
tiles and maintain the prosperity OF
those already established, and to CO.
operate to the fullest possible extent
to enlarge the volume Of both our do
nestle and foreign trade.
1T is now proposed to change this
system and substitute for 1t one in
which artificial bureaucratic methods
will take the place Of the natural laws
OF trade and commerce which have
been the controlling force and evolu-
ton of the present system. And 1t
must be borne in mind that 1t is pro-
posed to give those enormous powers
to a body on whom no responsibilities
rest or can rest for the preservation or
maintainance of the railroad property |
or for the discharge OF Its financial
obligations, or the pulfillment of Its
duties to the public as an efficient |
common carrier.
1T may be said, however, that 1t 10
that the rates made or re-
vised by the commission shall be sub
ject thereafter to the action OF the
courts. According to the plan proposed
the rates made by the commission be-
come effective pending review by the
courts. In other words, this state
ment, which involving an admission
that the railroads are entitled to ju-
dicial trial, makes the remarkable de-
mand that they shall be convicted be-
fore their trial can begin, and stand
and suffer the penalties Of
the conviction during the trial. Surely
II the railroads are entitled to a trial
In court, they are entitled to that
trial before penalties are enforced. A
Judicial trial, to be effective, must take
place before, and not after condemns
ion and punishment
ITO place in the hands Of one tri-
Dunal which is or may be prosecutor,
Jury and Judge, and at the same time
sxecutioner, is equivalent to providing
,y statute for the enforcement Of
commercial lynch laws"