The Birmingham age-herald., 1905-07-07


 proves the list of present remedies, and certainly the delegation to the comnis- sion of the legislative power to make fu-
 ture rates will not add to the remedies for violation of existing law.
 The bill by vestlng the rate-malSing
 power In commission, clearly delegates
 legislative power That would be bad
 enough if it stood alone; but when united
 with the judicial power, it is probably
 unconstitutional and certainly violatlve
 of the fundamental principles of free gov ernment. There can be no possible excuse
 in such government as ours for such
 an open fragrant and reckles disregard of Fundamental principles as Is proposed in the Esch-Townsend bill. These funda-
 mental principles, which are plainly rec ognized in the constitution, and which have been seduousy adhered to by all branches of our government in the past forbid this standardization of legislative, executive and judicial powers-in any sim gle body of men. This bill beyond any question confers a greater power upon the interstate commerce commission than was ever entrusted by any law in any government upon any body of men. Power of Life and Death. The rate-making power upon any rail- way is the power of commercial life and death It is. under the constitution. clearly a property right--subject, of course, to the regulating power of the state which created t-and as to interstate business of the United States All property rights | in this country are protected by the fed eral constitutions and in the great amend | ments which protect life, liberty and property, the term liberty" means. not simply the physical privilege of being out of jail, but the right freely to carry on ones business, using and enjoying ones faculties and liberties. according to the law of the land.
 Placing all these in the hands of a commission Is certainly wrong, and prob ably unconstitutional.
 The Esch-Townsend bill not only sub
 jects all these rights to the caprice of a body of men claiming executive. ju- dicial and legislative powers, but confers upon that body an implied-and perhaps an expressed-power to repeal any regu- lations which Congress may have here tofore made.
 The whole scheme of the bill is illogi- cal. awkward, unscientific. and in all human probability unconstitutional That 1t is a crude affair. making little attempt to scientific and systematic treatment of the railway rate question is admitted by all intelligent men. Even It's support CTS find 1t hard to swallow it. The Chi cago Record Herald, admittedly one of the aDlSBL dnu uOSt iIuucntiti iitNb- papers in the country, has supported the Esch-T Townsend bill until It's issue of Monday, July 3, when it came out dis tinctly and squarely attacking certain provisions of that bill as unfair and un- Just to the railways.
 Is More Than Unfair. It requires nsr argument to show reas- enable man that the plan of the Esch- Townsend bill. which compels the rail way companies to accept the rate found | by the commission and afterwards tc loose it, notwithstanding the court of transportation shall sustain 1t is some thing more than unfair. It is simply dis honest It is compelling the railway company to do something for nothing, tc perform service for which it gets no pay The Record-Herald very justly repudi ates such legislation as most fair-mindec papers also do.
 The bill which passed the House, and has been considered by the Senate fol several months does not possess a single merit of statesmanship. do not say this with any desire to indulge In unfaii criticism but it was so plainly drlver through the House under whip and spul that no one finds 1t consistent with raii treatment of all interests concerned tt defend it. The more 1t is discussed tns more fiagrantly outrageous do it's provis Ions appear That 1t can ever become law in the United States while the peo l ple remain clothed in their right mino' | is more than can believe.