The river press. [volume] (Fort Benton, Mont.) 1880-current, 1905-07-05
THE RATE-M TAKING PROBLEM.

Every newspaper in this country il
being flooded with complimentary
contributions, well-written, plausible
and even astute articles written in de-
tense of existing railroad methods, OF
calculated to create a widespread pub
lie opinion against the threatened reg
ulation by government of railroad
rates aud classification. f. =. Bacon,
chairman of the executive committee
of the interstate law con.
vention, before the United States sen.
ate committee on interstate commerce,
May II, 1905, urged the enlargement
of the powers of the federal commits.
sion.
He expressed the opinion that it
seems to be the purpose OF the repre-.
s~entatives of the railroad interest to
Undue the public mind with the idea
that legislation is being sought that
will take the making of rates out of
the hands of the managers OF the rail.
ways and place it in the hands of an
administrative branch of the govern.
ment, and, by means of such perver.
sion OF the purpose and effect OF the
legislation actually proposed, to
arouse opposition to any form of leg.
islation for the protection OF the pub
lie against the enforcement Of such
rates as the carriers may see fit to i'm.
pose.
1t is assumed by the railway repre-
individual rates which may be found
upon investigation to be in conflict
with the requirements of the interstate
commerce law involves the ultimate
changing Of all rates. That such a
result would not follow unless. all were
found 70 be unlawful is self.evident,
time required for the process would
place its accomplishment SO far in the
future as to render the assumption
wholly unteuable.
The advocates of the railway interest
at the recent hearings before the sen.
ate committee above named, urged
legislation placing The determination
Of the business or reasonableness OF
rates complained of in the hands OF
the courts primarily, divesting the in
terstate commerce commission OF juris-
risdiction in the matter.
This proposition is evidently in
duced by the fact that fixing OF rates
for the future has been declared by
the supreme court to be a Legislative
and not a judicial function, aud hence
the courts can go no farther than Il
condemn the existing rate, If fount
unlawful, and the carriers would be
left free to make such change therein
as they may see fit, as is the case I'm.
der the present law. This, as will
readily be seen, would afford the pub.
lie no relief from existing unsatisfac.
tory conditions.
The only etfectual means of prOtec.
ton to the public interest lies in on
ferring authority upon some admins
trative body to determine to what
extent u rate complained of is dis
criminative or unreasonable. and to
declare what rate shall be substituted
in its place, as provided in the Esch.
Townsend bill which confers such
authority upon the interstate commerce
commission. This is in accord with
the recommend alton OF President
Roosevelt in his last annual message
to congress-, expressed in the following
language:
''The interstate commerce commls
sion should be vested with the power.
where II given rate has been challenged
and after full hearing found TO be un.
reasonable. TO decide, subject TO judi
cial review, what shall be Il reasonable
rate to take its place: the ruling OF
the commission to take effect immc.
diatcly aud to obtain unless and until
it is reversed 10y the court of review
Helena Independent.