Democratic messenger. [volume] (Snow Hill, Md.) 1869-1973, 1905-10-14
RAILROAD RATE
BILL DENOUNCED
Samuel Spencer Declares It Would bs
Commercial Lynch Law.
SAYS 1T Is UNFAIR AND UNJUST


Newark. ". j.. Oct. 12.-That gov.
srnment control OF railroad properties
as proposed In the Esch-Townsend bill
which was considered at the last ses-
sion OF congress. is unfair, unjust 70
the railroads. opposed to the funda-
mental principles of Anglo-Saxon juris-
prudence and is equivalent to provid.
ing by statute for the enforcement OF
commercial lynch law. Is In substance
the reply OF the railroads to the agita-
ton for railroad rate legislation. ~
outlined by President Samuel Sjencer.
Of the Southern railroad. In an address
before the Newark Board of Trade. Mr..
Spencer said:
"Up to the present time shipper and
carrier have been free to work to-
gether without political interference.
to facilitate the establishment and de-
velopmcnt of new industries; to reach
out for new markets for our farmers
and manufacturers; to create new
communities md maintain the pros
perity of those already established;
and to cooperate to the fullest possi-
BILE extent to enlarge the volume or
both our domestic and foreign trade.
at Is now proposed to change this
system and substitute for It one In
which artificial bureaucratic method
will take the place of the natural laws
OF trade and commerce which have
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-
bates. and for the keeping OF the high
ways of transportation open to all
upon equal terms. There is no Issue
or controversy before the people or
congress as to whether or not rebates
or secret determinations should be
stopped. No one desires more than the
railway managers themselves that
there should be an end to all such
practices.
mo rational suggestions have been
made however. as to how the grant
Inc of the rate-making power to the
Interstate commerce commission could
be effective to this end A rebate or
any secret discriminatory device can.
of course. be applied to a government.
made rate as well 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.
prior to review by Courts. would be
open to the decisive objection that II
is necessarily unjust to the railroads.
and opposed to the fundamental prin-
ciple of Anglo-Saxon Jurisprudence
that rights of property and persons
shall be enforced and protected ac-
cording to- due process OF law. Vtrtu-
ally there Is not a single respect In
which the Interstate Commerce Com
mission resembles a court. II Is sort
of railroad grand jury.
"It may be said. however. that II Ia
proposed that the rates made or re-
vised by the commission shall be sub
ject 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-
dicial 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. |
- a.. lAt
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"