Omaha daily bee., 1905-11-04

or sanctions that can be declared to be un-,
reasonable or unjust until 1t is challenged
in a uuasi-judicial proceedings ana proved
to be unjust and unreasonable, alteI the
fullest hearing and argument. There is no
order that can be made by any commission
or board now existing, or which II IS pro-
posed to create, that can change a rate OF
practice that is unreasonable or nn1utst
without its order being subject TO review IN
a judicial proceedings in the United states
reasonableness of the order of the commits,
sion, and there is not law that does, and
probably no law could be enacted dtteSed t thst
injustice had been done the rallroads' from
staying the operation Of the order Ter, upon 3Pn
terms until the court had passed upon the
merits of the controversy
Railroads Have Remedy.
In other words, the railroads enjoy com
plete remedy against injustice, which y is
not proposed to take away, while the pubic
has no effective remedy against inlustlce.
More than such a remedy the pubic does
not ask. Less than such a remedy II never
should have been without.
Exactly such a remedy congress supposed
il gave under the original act TO regulate
commerce, and 1t was applied in number
of cases before the decision of the supreme
court that IL was not given by the act.
The administrative features of the power
inherent in congress TO fix reasonable rates
for transportation may be laWtuIiy vested
In the Interstate Commerce commission
This includes the power 70 vest In the
commission authority to SUBSTITUTE a Tea-
reasonable.
II has frequently been declared to be the
law that congress cannot vest the power 10
! fix tolls in any constitutional court because
| the fixing of toll is a legislative and not
judicial act, and eongreSis odI dities mon
! the courts which exercise the judicial power
of the United States. -. -.. oa,ro+
1t is equally Gear that congress es "a. no
give an appeal from a non-judicial or al
| ministratve body TO judicial BODY Ior
] the purpose OF reviewing aonllnlstttatiNe
acts by correcting them by decreelns d
| new act as in a judicial appeal, ana TINS
| disposes of what L understood 10 be thS
main contention between the s sav9e6 h tS Oa
! commission should go into ehect AT once
| and the advocates of the proposition tnaI
| 1t should not go into effect untn approves
| by a court upon appeal. 1t Is perfectly
evident that, II the court in the hrst IN
stance could not perform the leslsia tI,YS
+ act OF fixing a reasonable rate, IL coulo
/ not perform the same act upon appeaA
Courts Not TrammeIed.
| No device can cure the OOJecuOn to sus-
! peuulnk the Ul,cI HIIOn vi me Commission 3
nnuIlis unul passed. upOn Dy the cou4 70
1 OI Course, 1 40 nOt mean that IN an iiide-
! leuaeut prOceeuIns Dee un IN the court tI.sit
| the court cOuiu nOJ, Al tue eAeiclse "a 40
| discretionary powers, Wheh sausheo mat
| the rate iiAed Dy TIE cOIn.iiIss.On uas usi-
Lawful, euJuIn as operation uuth maj
\ hearing. mat Is power that Llnefes IN
the court tnat need not De cviIAetteu Ny
statute ana prODaUIy cannot De IaNen away
by statute. ,, -.
| Inc competency of the commission 10
pass UPON the Ieasonableness VI cnal-
| Ienged rate is demeo because OF the lecn-
| niCdl character OF the WORK. because Ia
mIiiarIIy with It's requirements cdn ohly
| come through long training ana experience.
! Inls argument might be Lotent II II were
| prUpOseu 10 sIve the commission the power
| to initiate rates and prdcuces. ms now
| ever Is not the proposition.
| Ii Is not PROPOSED To confer upon the
commission any 81 eater or dlnerent power
| tuan courts OF equity possess under WELL
| known branch OF equity jurisprudence
| Tine commission sIIs IN the nrsl Instance
| CHALLENGED rate OF practice, and in so doing
| performs an ordinary Judlcldl tuncliOn.
| Inere rs no act OF TRANSACTION, however
| technical, COmpteX or important, WnOse
| Legality may not be called IN question IN
| a court. Courts listen 10 the evidence OF
| experts in mechanism, medicine art the.
| olOsy ana finance, near the eiucidauons OF
| advocates on either side s-nd without pre-
| vluus special training IN the particular sub
tect involved, determine toe rights OF tne
| LaIt4es TO the issue.
| Without sucn power In an Independent
! tribunal there could be no such thing as
property rights.
Law should BE simple.
There can be no such thing as a rate
without a method OF determining its eX-
So IN respect OF railroad rate or prac-
tice alleged TO be unreasonable and there
fore unlawful, whether II presents the
| simplest or the most involved question
| the able experts, who II d claimed are
| alone competent 10 comprehend and dea
! with these questions, may enlighten the
! commission and the complaining shipperi