The Birmingham age-herald., 1905-07-07
.ESCH-TOWNSEND )
 BILL INADEQUATE Geo. R. Peck Points Out Its
 Weak Points BILL IS UNCONSTITUTIONAL Speech Is Made In Reply to One Re- gently Delivered In Denver By
 President Roosevelt on
 the sc5ject.
BILL IS UNCONSTITUTIONAL

Colorado Springs, Colo, July 6-At the
 eighth annual session of the Colorado Bar
 association which met here today the an-
 nual address was delivered by George k.
 Peck of Chicago, his subject being Gov
 ernment Regulation of Railway Rates
 being a reply to the speech recently de- liyered in Denver by President Roosevelt.
 He said in part:
 I concede that Congress may fix rates for interstate transportation. Whether 1t can delegate that power to commits sion is another question, and whether 1t can give a commission executive, judicial and legislative powers, is greater and more difficult one. I think 1t probable that the rate-making power may be dele- gated by Congress to commission-put only because the supreme court has in- ulged in dicta to that effect The power to regulate commerce. as granted In the constitution, meant something very diff ferent from making rates. But, we must take things as we find them, and l do not question the power of Congress to make rates, or authorize them to be made If 1t does so within the constitution which gives 1t all the power 1t has.
 A bill has already passed the lower house of Congress. rapidly, without any deliberation-as if 1t were the mere regu- laton of interstate baseball contests-but the great interests of the country, agri- cultural, mercantile manufacturing and mining are awakenine to the obvious fact that they are being deceived, and led away by the Niagara cataract talk. of gentlemen who have no knowledge of, or interest in, this great question. It has become habit in this country to charge all troubles, losses, difficulties, embarrass- ments, and inconveniences to the rail- roads.
 Demand for Further Powers.
 It may be admitted that there Is some demand in certain quarters for legisla- tion conferring additional powers upon the interstate commerce commission. That de- mand, however, is not nearly so loud, nor
 persistent, as is claimed by certain oi
 It's friends I make bold to say that the
 citizens of the United States who are best
 posted upon the subject do not care for | additional rate legislation. On the con trary, they are mindful of the damage | that might, and probably would be done by placing so great power in the hands l of men unfamiliar with it, and uninterest- | ed in 1t. It Is certainly not pracucaDle- l even if it were wise-to endeavor by leg I islation, to eliminate the activities whicf 1 h.. 41,x loet s,f mi trade | traffic and to substitute in their place | the rigid control and regulation Of 2 | maternal government That is the Chinese | method. But 1t is not, never has been, and l trust never will be the American method. Men will always strive for theii | own advantage. and out Of this strlte, all 1 human progress--certainly all commercia l progress-has come.
 What is the alleged disease? That Inter
 state carriers discriminate between ship
 pers. communities and interests, by the payment of rebates, and by giving prefer | ances which are legally and morally
 wrong: that interstate carriers charge un- reasonable rates to their customers for the
 trnnsportation of their commodities.
 What is the proposed medicine? The
 penacea offered by the Esch-ToWnseno | bill is the vesting of the rate hlahins
 power in the interstate commerce coiniiiis' | sion. ,,,
 Treat All Persons Alike.
 No one will deny that the first duty oi | inc common carrier is to treat all us pa | trons alike. Otherwise, while 1t might be l n carrier, it would not be common 1 oarr,er Whatever may be the rule al 1 common law 1t is certain that in the ieB- islation of Congress interstate carrlers are
 bound to maintain legally perfeet equai'
 fly among shippers. and to eschew all uil' l fair or unreasonable preferences ana us
 crimInations. This was, as IS well hiioMn
 the principal motive underlying the ii'e'' s | state commerce act. It was grieNous
 wrong but 1t is a past wrong. By the con- | current testimony of the interstate com l merce commission of shippers and or ths | railways. no legislation is needed on ths | rebate question, certainly none III aooi' | tion to that which now exists Tor us sup
 pression. It died hard but 1t died. iht best witnesses as to the fact Of It's eNtinc'
 ton are the interstate commerce coiniiiis | sion themselves. ,
 As the law stands today the whole pow, | ar of the government may be invoked | against an offending carrier. without th' | delays of criminal prosecutions and tn' | uncertainties of jury trials. The remeo, ia more easily invoked than by crimlna | prosecution, for if the government has | sufficient evidence to indict. and conVict | if certainly has sufficient evidence to se | cure a temporary ard permanent Tn, | function There Is no doubt whatever thai l the average American citizen, who Is Tor 1 hidden to do any particular act under l criminal penalties, will disregard the ter TOTS of a criminal prosecution much sooner l than he will risk the punishment Of g
 court for disobeying the mandate of all l injunction.
 1 Can Cut the Rates.
 Is 1t necessary to point out that a | railway company can cut a rate m ads | bv A commission as easily as 1t can cut a rate made by itself? Making a rate IT one thing, cutting cate is another, ard | they have no possible relation to eact other. If rates had been made by gov ernment commission for the last twenty wears. 1t Is perfectly plain that the re- | hate system would have grown and flour | ishee as if did under a system which al | lowed railways to make their own rates | The theory of the Esch-Townsend bill | is that rebates are paid and incidentally | that unreasonable rates are sometimes charged and that both these alleged evili | can be cured by conferring upon the in- terstate commerce commission power tt | fix and establish the rates upon ever, | Interstate railway in the country. But Il | anyone has supposed that the payment | of rebates can be suppressed by giving | the commission the power to fix rates. beg to suggest to him that such result is absolutely impossible. The payment o' | rebates has been suppressed by very