Omaha daily bee., 1905-11-12

legislation or their pretended fears OF thu
disastrous effect OF the proposed Legislation
are a mere blur.
Hon. Richard Olney, the most eminent
and learned corporation scribe In III,
United States. has favored the American
people with the most subtle and most con
fusing dissertation on the legal aspect OF
railroad rate making by congress in tn,
October number of the North American
Review, i'm which he attempts to con
trovert the published opinion of the at
torney general of the United States. IT
support of the proposed extension Of tn,
powers Of the Interstate Commerce com.
mission. Mr.. Olney comedies by implica.
ton the power of congress TO regulate
interstate railway transportation. but h,
asserts that II congress is authorized to
b. prescribe such rates, Il must do so itself
by positive and explicit enactment 1t is
passing strange, however that the su-
preme court of the United States should
have declared valid the granger laws of
Wisconsin and the warehouse commission
laws of Illinois, Notwithstanding the fact
that the powers Of rate regulation were
delegated by the legislatures Of those states
to an elective or appoinuve commission.
-
Need of Expert Ability.
Mr.. Olney dwells with JUNCTION up on the
point that railroad alternating requires
expert and scientific ability of a high or
der and cannot be intelligently done by q
legislative body, but how much more in
diligently can It be done by a body of
turists, who have no opportunity of famil-
iarizing themselves with scientific railroad
rate-making?
Mr.. Olney would have us believe that
congress can no more grant legislative
power to a commission than to the presi-
dent, and can no more delegate to any
person or tribunal the power to determine
reasonable rates of transportation than the
power to determine reasonable duties on i'm
ports, and in which case, while It may
authorize the commission to work out de-
tails, must itself determine the standard
Of reasonableness. Inasmuch as congress
cannot possibly be in session all the year
around, it could not within the nature
OF Things attempt to regulate railway
rates any more than the supreme court of
the United States. II it cannot delegate
that power to an administrative body. IL
must of necessity leave that power to be
exercised by the railroads without restric-
ton, and that is really what Mr.. Olney
and all the corporation scribes so zealously
wish Cor.
Mr.. Olney imagines that he has struck a
sledge-hamer blow at railroad regulation
When he asks, Can such a power in con-
gress' as the right to dictate rates to the
carriers OF the country, a power never yet
exercised, either directly or indirectly
through commission be Justly regarded
as contemplated by the constitution" Ger
tainly not The constitution makers had
no more intention Of giving congress or any
commission the power Of railroad regula-
ton than they had to confer upon con-
gress or upon any state the power to fix
telegraph and telephone tolls, or to limit
the speed of automobiles.
Continuing, Mr.. olney says, 'It is ex-
pected, therefore, that railroad rate making
by the national government within its
sphere will be supplemented by railroad
rate making by the several states within
their several spheres"