The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-03-07
which is to regulate intersts2s com

which is to regulate intersts4k com
The proposed provision is not the.
only instance where conditions arrived
at against the will of the parties take
the place of a contract between the par
ties. In the very inception of the car
rier's existence, il unable to make a
contract with the landowner over whose
premises the road is to be built, pro-
vision is made for obtaining, at the
hands of the law, condition which
stands in the place of the contract
which the carrier and the landowner
are unable to make. The carrier, OBJ.
tanning it's charter under the state law.
is nevertheless bound by the power
vested in the federal government to
regulate Interstate traffic.
Duty Rests on Carriers.
THE duty rests upon the carriers
to transport this traffic at reason
able rate, under an arrangement in the
first instance entered into between
themselves; but if they cannot or will
not agree to the provisions under which
an obligation is to be performed, then
the law can supply what they are I'M
able to reach themselves.
"This has been definitely settled in
two cases that came up from Mime
sofa: In one case the commission
sought to regulate a joint rate, and
the federal supreme court sustained the
act; in the other the commission went
further than merely determining how
the carriers should employ the proper
ty they already had, but required them
to put in " which involved their
acquiring additional property-even the
ceived the sanction of the federal SUI
preme court, -
Const1tutionality. =
Mr.. Clapp also pointed out that OBJ
lection is made to the bill that it is
unconstitutional in that it provides a
severe penalty, of which it. is urged
the &c garner ;ntn must possibly pay to take
"But," he said, "this objection has
been carefully guarded against by a
provision Of the bill. It provides that
the order of the commission shall go
into effect unless it is restrained or
vacated by the court. While a citi-
zen subject to penalty for violation of
the law may take his risk in a tenn
fails to make good, may subject him
to the penalties which have been tenn
porarily suspended, yet no such case
arises under this law, for under this
law there is no order to violate, for the
court makes its restraining order. The
act of the court in such a case would
be limited to the restraint by the court
Of the effect temporarily of the action
Of the commission. But, in conjunction
with the act Of the court, comes the
act Of the congress-, which, speaking
for the congress-, declares that the or.
der shall not be in effect suspended
presenting a very different case from
that where the law: was silent after
prescribing the penalty
| " It is not claimed that this law is
perfect,' Mr.. Clapp concluded. "It
would be idle to claim perfection fol
any piece of legislation dealing with
these great issues. The bill aims, in
the interest Of all, carrier and shipper
to provide certain means of arriving
at q reasonable rate, and securing its
enforcement with all promptness con
| sistent with the interests Of all, under
those principles Of American law which
cover all classes and all conditions.'