The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1905-10-03
Hon. Richard oiney Makes PractIo-
ally His First Public utteranee
In Two Years.
IS AGAINST THE PROPOSED
RAILROAD RATE LEGISLATION
Says investments Representing Bill.
lions viii Be at the Mercy
OF Two Boards.
is A SITUATION INToLEsAeLe
He Questions the Power Of the Ma
tionai Government to Pass Such
Regulation Laws.

He Questions the Power OF the Ma.
tionai Government to Pass Such
Regulation Laws.
New York. Sept 2S.-The reply OF
the conservative wing of the Demo-
cratic party to W. ]. Bryan's recent
open letter to the President. on rail-
road rate legislation, is contained In
an article by Richard Olney in the Octo-
ber number of the North American
Review. published today. In what is
practically his first public utterance In
two years, Cleveland's former secretary
of state presents mis- 1nal Judgment
against the proposed legislation in the
form of brief, covering not only the
law, but the public policy involved in
the agitation.
In discussing the effects of govern
ment regulation upon the railroads,
Mr., Olney says:
THE situation to be anticipated.
then, Is that railroads, private proper
ties and representing private invest
ments aggregating billions of dollars,
will find themselves controlled in the
vital matter of their charges, not by
their private owners. but by two pub
| lie boards-one representative OF local
| interests and the other of national In
terests, and both antagonistic to the
interests of the private owners con-
cerned. The two boards will aim at
| the lowest possible rates. each in be-
half of the particular business under
its charge. and will, therefore. be In
constant rivalry with each other In the
endeavor to extort from the carrier the
| best service at the smallest cost. I'm
| der these conditions anything like
skill full. just, reasonable or stable rate
making becomes impossible. A situa-
ton is created intolerab1e alike to The
carriers end to the public. and the sure
outcome-unless the whole scheme of
government rate-making be abandoned
lis government ownership.
"But when government ownership Of
the railroads of the country Is serious
ly considered, our dual political system
is at once seen to present problems of
the gravt7t character. The few and
comparatively unimportant railroads
[ that are wholly intra-state may be
PR perly ignored. Every railroad of
| consequence is engaged In both kinds
of transportation--in transportation
| that tepins and ends In single state.
and In transportation that passes be-
yond state lines. Hence, II government
| ownership of railroads be regarded nS
the inevitable sequence of government
rate-making, the first question Ia.
which government ia 1t that is to own
| thu railroads, the state or the United
States?
| "The significance and Importance of
the inquiry" continues Mr.. Olney.
"are apparent II we remember that the
railroad is only one species Of high
way, and that which Is true of railroads
must be true of ordinary highways.
The jurisdiction of the national gov.
! ernment must be the same in both
cases If 1t is competent for the ma
| tional government under the commerce
clause to own and operate all the great
railroads of the country, 1t must be
also competent for 1t to own or control
and operate all the great highways OF
| the country"
Questioning the power of the ma
tional government to pass railroad rate
regulation laws, he says that II such
power is enjoyed and is to be practiced.
the act will be revolutionary in prac-
tlce and a contradiction of the views
customarily held.
In summing up the opposition to the
proposed legislation, Mr.. olney reaches
the following conclusions: al
"0urs Is government in both state
and nation by political parties. and to
political rate-making for railroads
rate-making by politicians animated by
partisan motives and working for par
tisan ends--the objections of an eco.
nomic and business character and on
the score of the public policy generally
are as obvious as they should prove
insuperable. The purpose Of the pres
ent paper is to point out that. besides
such objections. railroad rate-making
by the national government presents
legal and constitutional difficulties OF
the most serious character. II raises
issues which concern the division OF
4 power between the several states and
the United States. which have not been
fully and finally passed upon by the
national supreme court. and which. II
submitted to that tribunal half or even
q quarter of century ago. would In
ell human probability have been deter
mined adversely to the Jurisdiction Of
Il tha Oan araI 0ovarn manfn