The independent. [volume] (Lincoln, Neb.) 1902-1907, 1906-08-16

thls amendment is adopted and if the
legislature will confer upon the COM
mission power to fix rates, and the
commission shall undertake to exer-
clse this power, the railroads will
plead your amendment claiming that
the legislature, under your amend
ment, could confer no power to fix
rates but that the powers that can
be conferred are limited to "reguIa-
ton" only
In 1887 the congress of the United
states passed the original interstate
commerce law. Under it five commits
sloners were appointed by the presi-
dent and from 1887 until 1897 the
commission proceeded upon the
theory that it had the power to fix
interstate rates. But on May "a,
1897, IN the case of Interstate Com
merce Commission VS.. Cincinnati ct
a., IL Supreme Court Reporter. S96
the supreme court of the United
States held that the commission. I'M
der the act had no power to fix rates.
After ten years of struggle this whole
law, IN this respect, was annulled and
all because the language used in the
act did not expressly and uneduiyo-
cally confer this power. And we all
understand 1t that the whole fight in
congress this last year was to clothe
the interstate commerce commission
with power to fix rates. being the
power the supreme court said was not
conferred in the 1887 law. In the
case above referred to Justice Brewer
speaking for the court, uses this lam
guage:
THE words and phrases efficacious
to make such a delegation of power
tune power to fix a rate) are well I'M
derstood, and have been frequently |
used, and, ii congress had intended to
grant such power to the interstate |
commerce commission, it cannot he |
doubted that it would have used Ian
guage open to no misconstruction but
clear and direct"
Why did you not use the words |
Tx or establish" instead of the word
regulation? Why did you resort
TO doubtful language on so important
a law as this? Why didn't you write
the language clear and direct? Or
was 1T your intention that power to
Tx rates should not be conferred upon
the commission? | say again that
this amendment is intended as sham
and fraud and of the same kind of
legislation that has fooled the people
OF this state for the last twenty
years. 1t is intended to make the
people believe that they are getting
Orh
they are not, and enable a discredit-
ed batch of politicians to graft the
taxpayers of this state a while longer.
We hear much of the square deal of
president Roosevelt. Let us have that
square deal in fact and not only in
name all the time. Unless the people
Will be on their guard, wrongs of the
grayest kind will be perpetrated up
on them in righteous name of the
square deal" | want to say, in clos
ing, that for long time I have cher
ished the hope that we could give
the people of this state an effective
railway commission. / am anxious
to support measure of that kind.
We dare not however pass another
law that is but subterfuge and fol-
low the route of the old transporta-
ton law and the maximum freight
law Time for trif1ing is past. The
people want a real law, one that will
give them substantial relief. Some
have suggested to me that what / am
saying about this law will injure my
political interests. / have no politi-
cal interests except the welfare of
the people of this state and | would
rather be defeated than win by false