The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1905-12-05

gulation of interstate commerce
should come within the sphere of the
General Government. The arguments
in favor of their taking this stand
| were even then overwhelming. But
| they are far stronger to-day, in view
of the enormous development of
| great business agencies, usually cor
| porate in form. Experience has
shown conclusively that it is useless
to try to get any adequate regulation
and supervision of these great car
porations by State action. Such reg
ulation and supervision can only be
effectively exercised by a sovereign
whose jurisdiction is co~extensive with
the field of work of the corporations
that is, by the National Govern
ment. I believe that this regulation
and supervision can be obtained by
the enactment of law by Congress.
If this proves impossible, it will GER
tainly be necessary ultimately to con-
fer in fullest form such power upon
the National Government by a pro-
per mendmen OF the Constitution.
1t would obviously be unw1se to en-
deavor to secure such an
until it is certain that h result can
not be obtained under the Constitu-
ton as it now is. The law of the Con
gress and of the several States h1th-
erto. as passed upon by the courts,
have resulted more often in showing
that the States have no power IN the
matter thar that the National GOV
eminent has power; so that there at
present exists a very unfortunate con
dition of things, under which these
great corporations doing an interstate
business occupy the position OF SUD-
jects without a sovereign, neltner any
State government nor the National
Government having effective control
over them. Our steady aim should
be by legislation, cautiously and fare
fully undertaken, but resolutely per-
served in, to assert the sovereignty
of the National Government by air.
native action.
The first consideration to be kept
in mint is that h power should be
affirmative and should be given TO
some administrative body created by
the Congress. If given to the present
Interstate Commerce Commission or
to a recognized Interstate Commerce
Commission, such commission should
be made uneQuivocally administrative
I do not believe in the Government
interfering with private business
more than is necessary. | do no be
Iieve in the Government undertakF
ing any work which can with proprle-
~ be left in private hands. But nell
her dc 1 believe in the Government
finching from overseeing any work
when it becomes evident that abuses
ire sure to obtain therein unless
there is. governmental supervision 1t
IS not my province to indicate the
exact terms of the law which should
be enacted; but l call the
OF the Congress to certain existing
conditions with which it is desirable
20 deal. In my judgment he most
important provision which such law
should contain is that comforting up
on some competent administrative
BODY the power to decide, upon the
case being brought before it, wheth-
er a given rate prescribed by a rail-
road is reasonable and just, and If It
is found to be unreasonable and I'M
lust, then, after full investigation of
The complaint, to prescribe h limit
of rate beyond which it shall not be
lawful to go-the maximum reason
able rate, as it is commonly called
this decision to go into effect within
a reasonable time and to obtain from
thence onward, subject to review by
the courts. 1t sometimes happens at
present, not that a rate is too high
but that a favored shipper is given
too low a rate. In such case the Com
mission would have the right to fix
this already established minimum
rate as h maximum; and it would
need only one or two such decisions
by the Commission to cure railroad
companies of the practice of giving
improper minimum rates. I call your
attention to the fact that my propo-
sal is not to give the Commission pow
err to initiate or originate rates gener
ally, but to regulate a rate already |
liked or originated by the roads. up
On complaint and after Investigation.
A heavy penalty should be exacted
from any corporation which fails TO
respect and order of the Commission.
I regard this power to establish a
maximum rate as being to
any scheme of real reform in the mat
ter of railway regulation. The first
necessity is to secure it; and unless
it is granted to the Commission there
is little use of touching the subject
at all.
illegal transactions often occur un
der the forms of law. 1t has often
occurred that a shipper has been told
by~a trafic officer to buy a large
quantity of some commodity n then
after it has been bought an open re-
duction is made in the rate to take
effect Immediately, the arrangement
resulting to the profit of the n ship
per and the one railroad and to the
damage of all the competitors; for
it must not be forgotten that the big
shippers are at least IS much to
blame as any railroad in the matter
of rebates. The law should make 1T
clear so that nobody can fail to un-
derstand that any Kind of commits
sion paid on freight shipments, wheth
er in this form or in the form of fc-
CONTINUED Page 2, Col. 2.)