New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-04-13
ATTACKS RATE LAW PLANS
SPEECH BY GEO. R. PECK.
He Says Congress Might as Log
ioally Fir Prices and Brokerage.

Chicago. April i2.-At dinner OF the Union
League Club OF this city. tonight. the granting
If the rate making power 20 the Interstate Com
neroe Commission was the subject OF the discus
sion. Addresses were made by Interstate Com
mence Commissioner Prouty. Judge Grosscup
and George r. Peck. general counsel Of the
Chicago. Milwaukee and ST. Paul Railway Com
Iany. Especial interest attached TO the address
of AR. Peck, as he spoke directly as the repre-
sentative OF the sentiments OF the Western rail-
ways on this important topic. having been Sc
lected 10 express their views. AS the first for
NAL and authoritative expression from the car
riers IN the West there was much interest in
what he had 10 say IN part his address was
as follows:
There Is rOthng more alluTing to he wen iRten,
toned mind Of patriotic citizen than TO se SHOWN
70 9der or kept IL stock IN thar great factory
ali who need and to all who think they need
The marvellous progress tne Gnliaraeieo q G". -
OF the United States. las not peen me result OF
government by commissions ana bureaus but o
always VIII work out the true solution OF me
Our nation is doubtless fortunate in having SO
1stss bo,I5 he do,a s5S are willing TO undertake
the task Of doing 1.-THE men VINO decide without
thought and must so decide II they decide at all
The defamation OF amateur statesmen tnat gIe4I
Sass9oiis o. governments po'''S - - -
ton presented tonight? Is i rebates or I'M,
nations? No. Confessedly they are things OF the
~ the rate question involve only the question o.
making rates. But II is easy TO talk OF ,9
doned EVIL as If it sin stalked abroad 1t is deac
and now thar il has gone 10 It's long home take
the liberty Of saying what every heLoe. o. az
Interstate Commerce Commission knows me . Tsll-
ways were never wholly responsible tor II ; .es
were not paving out none oeca1Se Iney onn i
son IN 1870 stated 10 commite. OF the Senate that
Te9SSSs hsa 6nncn Eoledee OF shippers and Of
Tie railways that rebates are no lo3seI pau, - M
other IS nor Illegal a common law. Competition Is
ne me fhing favored ana competition never gave
preferences The anomaly Of The present
Is that law requires conpettlen ana PIel oIo
me stems necessary procure il II raliWags cOI-
pete they are seized by the S 1f Ibe hands
OF the Antitrust law The recuello aa 5S M
IS that therefore tho Interstate commerce OOlA-
ns.on o SI 70 efeTnne the reasonabness Of an
.-isTre rafe is purclv judicial The power 10 nix =
rate for the future IS purely legislative The power
% xecutiTe Thus We have the Interstate
Commerce Commission and IN tie eoIifSiT Of
ne 1bpssa s-~eaf organic powers established by the
C2nst1Gdl9 g now discuss the question whether all
these powers can be constitutonay ESaT1 ,Se
31 ssrs and exeeutonSr in a civilized government?
That is precisely The power the Interstate CON-
Hneroe Commission assumes, ana seems 20 ia a.
Strengthened ana enlarged y pIoseeuCSs G FT,Ta
decides cases; ii appeals cases ana appears 81 the
as a
tinted states II is an Illogical SYSTEM not
adapted TO the securing of justice but skl l,
Ire world over have praised the American consul
tlIfion because its trainers had the wisdom TO
eminent and to maintain them IN co-oIolia'e III
But The gentlemen who demand that the rate
making power pc Se s opt Of 6oWar they are in
Vokng. The power 10 make rates Tor carrlagS o.
grantee as % ,,bere aoas If end? It
f-rz-iFao sr6p
IL Congress can - the price Of mere incident OF
mann elene1fsfhe Ewing and selling price? 1t
has Gone but v by may il not If IT can NIX
seller? How would the business men OF Chicago
IKE 20 naLf , tner 81 ~, nommission?
If Congress fixes the price Of hauling articles OF
NOT fix the compensation Of brokers employed ln
such IalHS LiIte - - ior.-stats commerce ex-
ists-Which do not now deny-no reasonaDle arsu-
Inent can be made against the right OF Congress to
fix buying and selling prices, brokerage and All
charges connected with ne frame from Ine pro
~ because railroads are public service corporation
but because they carry interstate traffic. IN other
words the power is exercised not over the corpora
merchant and every broker here tonight, and
& 9s 5 n @sn TR9 hgSd G s bs Congress- e
power 10 make rates on interstate tTaihe Logically
ing and brokerage. for these all parts OF the
late
ny Eech lIleil SAlDNVN AAe't liiC ADfHNA ~ ANo
ulate commerce, conferred upon Congress by
me Constitution was subject 10 the limitation
that no preference should be given by ATTY regu-
lation Of commerce TO the ports Of one STATE
over the ports OF any other State. He contended
that under this limitation il was inevitable that
government rate making could be carried out
snly upon the basis Of distance tariff, which,
while II would be within the provisions OF the
Constitution would be hopelessly destructive Of
the commercial and industrial fabric Of the
country which has been built up under the ad-
iusted system Of tariffs. under which a Scien-
flfc attempt has been made to equalize the dis
advantages Of geographical location, and place
the different producing sections OF the country
on a. near a n equality in the markets TO which
they ship as il possible. The discussion Of this
constitutional limitation upon the power TO make
rates was thoroughly presented.