The free lance. (Fredericksburg, Va.) 1885-1926, 1905-10-14
RATE LAV DENOUNCED
Samuel Spencer Says 1t Would be
Commercial Lynch Law.
RAILROADS REPLY TO AGITATION
President Of Southern Railroad Says
Proposed Bill is Unfair and Opposed
TO Fundamental Principles OF Anglo
G.~nn iurieprudenCe.

10
Saxon Jurisprudence.
Newark. n. j.. oct. 12.-That gov
eminent control of railroad properties
as proposed in the Esch-Townsend Dill
which was considered at the last SEES
sion Of congress. is unfair. unjust TO
the railroads. opposed to the funda'
mental principles of Anglo-SaXon ]urls-
prudence and is equivalent to proVid
ing nv statute for the enforcement OF
commercial lynch law. is In substance
the replv OF the railroads 70 the agita'
ton for railroad rate legislation. as
outlined by President Samuel SJencer'
~ the Southern railroad. in an address
before the Newark Board OF Trade. MI
Spencer said:
up to the present time shipper ana
carrier have been free to Work 10
getber without political interference
IN facilitate the establishment and de-
yelopment Of new industries; TO reach
ont for new markets for our farmers
and manufacturers TO create new
communities and maintain the pros
peritv of those already established;
and 10 cooperate to the fullest posi-,
HE extent TO enlarge the volume OF
both our domestic and foreign trade.
1T il now proposed to change TINS
system and substitute for 1t one IN
which artificial bureaucratic method
will take the place of the natural laws
~ trade and commerce which nave
been the controlling force in the evo
luton of the present system.
"The president in his last annual
message laid special emphasis upon
the necessity for doing away with re-
hates and for the keeping Of the high
WAYS OF transportation open 10 al!
upon equal terms There is no issue
or controversy before the people or
congress as to whether or not rebates
or secret determinations should De
stopped. No one desires more than the
railway managers themselves tha'
there should be an end to all such
practices.
.eNo rational suggestions have been
made however as 10 how the grant
inc of the rate-making power to the
interstate commerce commission could
no effective to this end A rebate or
anv secret discriminatory device can
Of course. be applied to a government
made rate as we'll as to one made by
the carrier.
The plan Of comforting upon the
commission the power TO make or re-
wise rates and make them effective.
nrior To review by Courts. would be
omen 10 the decisive objection that 1t
is necessarily unjust to the railroads.
and opposed 70 the fundamental prin-
clple Of Anglo-SaXon Jurisprudence
that rights OF property and persons
shall be enforced and protected &C
cording to due process Of law. Nirtu-
ally there is not a single respect in
which the Interstate Commerce Com
mission resembles a court 1t Is sort
of a railroad grand jury.
1T may be said. however, that It Is
proposed that the rates made or re-
vised by the commission shall be sub
iect thereafter to the action OF the
court. 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. while involving an admission
that the railroads are entitled to ju-
diclal trial. makes the remarkable de
mand that they shall be convicted be-
fore their trial can begin, and stand
convicted. and suffer the penalties OF
the conviction during the trial. Surely
II the railroads ar entitled to trial
in court. they are entitled to that trial
before penalties are enforced
ITO place in the hands of one tribu-
nal. which Is or may be prosecutor,
jury and Judge. and at the same time
executioner. is equivalent to providing
by statute for the enforcement Of com
mercial lynch law"