The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-11-15

whether a rate that is in existence is
just and reasonable and they have also
decided that it is a legislative function
to determine what is a reasonable rate
for the future
The interstate commerce act was
passed IN 1887. It has been amended
many times since. The proposition is
now to provide for the exercise OF more
power by congress in interstate com
merce rates.
Need of Legislation.
All admit that additional legislation
IS necessary Some contend, however,
that It viii suffice if we simply
strengthen and amend the sO-called
EIkins act of two years ago in regard
to rebates.
It is well known by many members
OF your body with whom 4 have dis
cussed the matter that I am one OF
those who believe that congress should
exercise more of its power in the regu-
latlon of rates. The only question is,
how shall this be done? It is well
known by your body that / have been
fully aware of the conditions that de-
mand additional legislation and the ex-
ercIse OF that power by the natonaI
government.
THAT bill provided for giving this
increased power to the interstate com
merce commission. 1t gave 1t the
power to fix "a rate and put it into et-
feet and provided for an appeal from
the interstate commerce commission,
portati0n, which was a judicial body.
did not believe then, nor do be-
lieve now. that such procedure was
constitutional"
Congressman Murdoch Interrupts.
Congressman Murdoch here inter-
rupted him, saying: do you say that
the question as to whether a court can
or can not settle rate is a disputed
point or do you say that it is a settled
fact?"
In my opinion replied Mr.. Long,
tit can not be done. It is true that
there is a difference. But is it right
for a court to inquire into mans pri-
vate business ?"
Mr.. Howard: YES"
would you be willing to have your
business looked into?"
Mr.. Howard: "Y es."
Continuing Mr.. Long said;
Realizing the Importance of this
question the senate authorized the
committee on interstate commerce to
give hearings during the recess, to take
testimony and to report a bill within
the first ten days of the next session.
That committee will meet next week in
Washington to prepare such u bill
Believing that the Esch-TOwnsend bill
was fatally defective I announced that
would await The report of that COM
mittee before I would state what bill
I would support. The time for gen
eralization on this question, so far as
senator is concerned, is past. 1t is not
his general view on this question, but
his position in a particular measure
that is important.
The Esch-Townsend Bill.
'Is this an unusual procedure for a
member of a body who voted for one
of its committees to prepare Dill 10
await the report of that committee be-
fore announcing what bill he will sup
port? The inference is that I am
wrong simply because decline to vote
in the newspa pers rather than in the
senate. The claim was made last year
that the Esch-Townsend bill carried
out the recommendations of the presl-
dent, and that all should support it for
that reason.
1T is the duty of the president to
make recommendations to congress,
and in this case, under the circun-
stances it will be first imposed upon
the senate to prepare legislation fol-
lowing the recommendation While
the president haSamade no official scaIIl-
municati0n -onfthes subject recently IN
his speech at Raleigh, N c., he did
make some observations on 1t. The
Esch- Townsend bill provides that the
interstate commerce commission
should fix a definite rate for the III
ture; and when once fixed and put into
effect a railroad could not change that
rate even to lower it. The president
in his speech at Raleigh states that the
interstate commerce commission or
some other administrative body should
fix. not definite rate but a maximum
rate. an entirely different proposition
1.-THE Esch-Townsend bill provided
for an appeal from the interstate COM
merce commission, a nOnjud1ciai body,
to court of transportation, judicial
body. This is now generally admitted
to be fatal defect. I believe that
when an administrative body to which
congress delegates its power to ascer-
tain what is a reasonable rate for the
future, once puts that rate into force,
that there is no appeal from it to any
court: that it is definite and fixed and
can only be attacked in a regular judi
cial proceeding in court on the ground
that it is unlawful and that the rates
are so low as to be cOnfiscatory.
why He Refused.
ssThe question has only been how
that power should be exercised. In
the last session of congress the house
of representatives passed the Esch-
Townsend bill. You sent a represen-
tative to washington to confer with
me in regard to that bill and endeay-
ored to secure my support for it. /
declined to support that measure them
not because I was opposed to congress
exercising more of its powers, but
because + believed that bill was IA
tally defective.
"Many of your members wrote let
tiers to me urging my support of that
measure. You said it was in line with
the presidents ton; that
he was for the bill. and insisted I
should support it. Your resolution to-
day is along the same line.
1.-THE interstate commerce commits
sion as at present, constituted is an in
vestigator. prosecutor. judge. I do
not believe that all these powers
should be centralized in one body es-
pecialIy if its decisions are to be final.
believe that the Investigation and
prosecution should be placed in some
ether body or official. OF if the inter-
state commerce commission is to re-
tam its present power, then another
body should be created that has only
the power to hear and determine the
case. II the interstate commerce
commission is to be the body to de-
termine the matter then the power
to investigate and prosecute should be
taken away. and should be lodged