The Minneapolis journal., 1905-11-27
AFRAID OF PRESENT LAWS
Railroads Would Welcome Change if
Only It Help Their Case. .t
Journal Special Service.

Journal Special Service. -....
Washington, Nov. 27.-According to
a prominent senator who stands with
President Roosevelt, the railroads are
more afraid of existing laws, if rigidly
enforced, than any new legislation CON
gress may enact during the approach
ing session. This has been demonstrated
since the senate Interstate commerce
committee began it's meetings a week
ago to prepare some bill for considera-
ton. which will better control railroad
corporations and regulate the making Of
freight and passenger rates than at
present. - =. rs. ..;' s. ,s,.. $..-
be in the direction of modifying laws
! now in effect when any new measure is
brought up for discussion. This is evi-.
denced in the Foraker bill, which has
| the approval Of the railroad interests.
This bill does away with all penalties
except fines and these are limited to not
less than 800 nor more than 1900.
A RAILROAD official cares nothing for
such a fine, but he desires to avoid i'm.
| prisOnment. LIN -. I, :.--s, j. 81
Repeats Antitrust Laws. ~'c.. Z. -. !.
The Foraker bill virtually repeats
the antitrust law and this is precisely
what railway officials wish to have ac-
complished. They desire to escape
from the possible dangers Of having
these laws drastically enforced.
Five sessions of the senate interstate
committee have resulted in no progress
except the introduction Of Foraker 8
| pro-rallroad bill. A recess of the com
mlttee has been taken until Tuesday
afternoon. There is growing belief
that the committee will await any new
dent in his message before the great
problem comes up for final action
Culberson's Views.
Senator Culberson Of Texas, where a
day said: =.
: "The Foraker bill now pen1ing be-
fore the senate committee on interstate
commerce is particularly Objectionable
, and on several grounds. In the first
place it does not confer on the inter.
state commerce commission the.power to
substitute rates for those fixed, by the
railroad companies, subject to judicial
!, tional authority on this commission, il
is stripped of some which it now has
It converts the commission into mere
| agency to collect evidence TO be sub
3 mitted to the attorney general. More
important still, the bill seeks by section
: 8 to give the federal courts the power
l to fix rates. - ~
"This is not only Objectionable il
itself. because experience has demon
strated that an administrative body il
better adapted to such work, but rate
making is a legislative function with
which the judicial power Of the United
States cannot be clothed under the con
stitution. It is true this power is not
sought to be conferred in terms on the
courts, yet that is the legal meaning
Of the language employed. It is il
effect an attempt to do by indirectio1
what admittedly cannot be done in al
open and direct manner.
"To provide as is done in section
that the courts shall enjoin the charg
ing Of all or any rate in excess Of wha
they shall find to be just and reason
and collected, is substantially to au
thorize the courts to establish wha1
they may conceive to be reasonable ani
Just rates to be charged in future BY
the companies. This is q Legislative
attribute antagonistic to the very ma
ture and character Of judicial power
and in my Judgment the supreme, court
without much hesitation. Even if theri
be only doubt upon the subject the ad
| vocates of the proposed Legislation
should not permit it to be clouded will
so dangerous proposition.
| But there are other serious objec
| tions to the bill. The first paragraph
Of section four, which I Do not thin1l
press, would practically authorize tn
creation Of monopolies in respect t
foreign commerce provided it is carriet
in ships of American registry Th
second paragraph Of section four woh1
authorize the formation of traffic as
sociations and agreements in certai
contingencies in respect to foreign an
Interstate commerce, and overturn th
decisions of the supreme court in th
traffic association cases.
aThe bill, to sum up its scope
would not only defeat the chief pun
pose Of the proposed rate measure, bur
going beyond that. would repeal s
much of the original and amended il
terstate commerce law and so muc
Of the antitrust law of July I:
1890, as may affect foreign commerc
carried in American ships, or which ma
apply to traffic agreements and associs
tions covering both foreign and y intel q
state commerce. Yi4s 81!
Employees Organizing.
i Chicago, Nov. ~ The Record Heral
says: y A2s q
An organized movement on the pa
! Of railroad employees in every bran,