The Topeka state journal., 1905-12-22

cutting powers. If the present COM
mission is to be given the power, all
other duties should be taken from it
except that of passing upon the COM
plant after it is made. If the inter-
state commerce commission is to re-
tain the powers that It now has, then
a new commission should be organ
lied, purely administrative. 1t should
pass upon the quesuons when they
are presented and should not partici-
pate in the preliminary investigation
or proceedings. believe that such
a commission should be provided and
that its orders should be final, sub
ject only to review by the courts.
Law Must Stand Test.
The president. says in his recent
message that he is aware of the diff
culties of the legislation and suggests
the need of temperate and cautious
action in securing it. He emphatically
protests against radical or hasty
action. He states that the power to
regulate rates should be exercised
with caution and self-restraint, but
that it should exist SO that it can be
effectively exercised when the need
arises. He also objects to giving the
commission power to initiate or orfgi-
nate rates generally, but only to reg
ulate rate already liked or origi-
mated by the carrier, and then only
on complaint and after investigation
It is most important that the law
shall stand the test when attacked in
the courts and provide a method for
the speedy settlement of the contro-
versies that arise between shippers
and carriers. The courts are now
open for the trial and settlement of
such controversies, but nothing is de-
termined except the easonableness of
an existing rate. No authority is
lodged anywhere to say to the carrier
that the rate shall NOT exceed a GER
tain limit. A procedure should be
provided for dnfpF-771fV1iv7
within which rates are reasonable and
beyond which they are unreasonable.
The only measure that will meet the
situation will be one that VIII provide
an impartial tribunal for the settle
nenI OF all the controversies between
shippers and carriers with power to
enforce any order that it may make.
Determinations between individuals
should cease Determinations between
localities must be only those that are
due to natural advantages which one
city has over another and to competi-
ton that may exist at one place and
not at another The railroads are not
the only means of transportation We
still have transportation by water so
that the rates between two towns, both
of which are upon navigabIe streams. Of
necessity must be made with relation
to the charges for water transporta-
ton. If the rate from New Orleans to
Kansas City is made too high by the
railroads. the products will be shipped
by water from New Orleans to st. Louis
and then by rail to Kansas City And
so it is that cities located on or near
navigable streams have natural ad-
vantages in rates over towns in the in
terror that must depend solely upon
railroad transportation. It is also true
that the city that has a large number
of railroads has by reason of that fact
advantages over cities that have fewer
lines. A city may grow so large that it
can dictate to the railroads what the
rates shall be. And so Kansas City
has advantages in water transportation
which are not enjoyed by Topeka,
Wichita, Hutchinson and Salina. This
great city owes much of It's wonderful
growth and great progress to the IA
vors of railroads, some of which have
been granted freely and others upon
compuIsion. The interior cities of
Kansas know of these favors and have
believed for years that you have OBJ
tanned more favors than were just and
right, and that while some of your rates
should be lower th---c theirs, yet you
nave been accorded reductions at the
expense Of the interior towns OF
Kansas.
Stands by President.
It is believed in Kansas that if con
e-rase exercises more of its power in the