The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-10-15

til 1897 the commission exercised rate
making powers and there were to
large extent acquiesed in by the rail,
reads until finally the appeal was
taken In the so-called maximum rate
case decided In that year upon the
question Of whether the commission
had the power to prescribe rates 70,
the future and 1t was decided that
they had not. In It's very next report
to congress the commission recon-
mended an amendment giving them
this power and this recommendation
was repeated In every annual re,Dort
up to last year so that 1t can hardly
he said that the idea was new one
and originated with the democratic
party in 1904. after the interstate COM
merce commission had for seven years
prior to that time officially recon-
mended such Il law. but this is not all.
Under the first administration of
President Mckinley an act was passed
creating an Industrial commission,
consisting Of members OF the house
and senate and certain appointees of
the president and they were author.
lied to inquire into all matters affect
ing the industrial property of the
country They held sessions in nearly
every state in the union and took
evidence for nearly three years. Their
report with the evidence fills nineteen
volumns. One volumn is devoted en-
clusively to the question of railroad
transportation, discrimination. re-
bates and its effect upon trusts. This
commission was created by repub-
lfcan congress and the members ar-
pointed by republican president and
it recommended the amendment of the
interstate commerce law in precisely
the same words as was afterwards
used by President Roosevelt in his
message on the subject to congress
and that report was made in 1901.
three years before the democratic
platform was written. 1t will be seen
therefore that however much real
being once In the right, the light was
given them from republican sources
to see the light for many years before
they perceived it. Add to this legis-
laticn by the republican party the
fact that President Roosevelt has Wig
orously enforced all laws against
trusts. mCnOpoIfes, and discrimina-
tions and secured many convictions,
and recall the prosecutions of the beef
trust, the sugar trust. tobacco trust,
the drug trust, the paper trust and
the heavy fines on various railroads,
and the indictment of the Standard
OIL upon $3.50 counts, which If a con-
viction follows involves a maximum
penalty of over one hundred and
twenty-five million dollars. Compare
this with the regulation and enforce
ment of antitrust laws by the demo-
cratic party and you will find that
1t speaks largely in favor of the re-
publicans, in fact the democrats when
In power did nothing and refused even
to enforce the Sherman act In cases
OF grossest violation. President Cleve-
land and his attorney general, Mr.. o.
ney. both held that it was urconstitu,
tional and refused to enforce it.
And right here I desire to say
word In regard to the criticisms of the
rate bill by the junior senator from
Wisconsin. The senator offered rEm-
erous amendments, but the two upon
which he lays the greatest stress is
the one authorizing the interstate COM
merce commission to fix the reason
able value of all the railroads in the
United States, and the other forbid
ding judges holding passes or owning
stock in railroads from sitting in con-
troversies arising under the act. s.
far as the last amendment is con-
cerned It was wholly unnecessary, and
the act already prohibited passes to
judges and the general rules and
practice of the courts forbid any Judge
sitting in any case where he has a
personal interest and if he was a
stockholder in a company effected he
would be disqualified.
AS to the other amendment provid-
ing for valuation. the senator says
that it would cost for the 100000 miles
OF railway about 100000. but that
1t would be a good investment for 1t
would aid the commission and con-
gress to determine what Is a reason
able rate. He goes further and says
that 1t Is impossible to execute the
rate law without such a valuation for
there Is no way of determining what
reasonable maximum rate is ex-
cept by taking into consideration the
value of the railroad. His position Is
that his amendment was so clearly
merltorious and so plainly necessary
and just and properly to be inserted
In the bill that no honest man could
vote against it. In other words, that
1t was not even debatable question;
that he was so plainly right that no
one else had the right to question his
position but was in duty bound to vote
aye. Now in the first place even If
the amendment had as much merit as
he claims l submit that there was
question of whether or not it should
be included in the rate bill. 1t should
be remembered that the rate bill
necessarily had to be to a great ex-
tent compromise. President Roose-
welt yielded many points and so did
others, both supporters and oppon-
ents of the measure and all friends of
reform were anxious that a bill should
be framed that would receive sufficient
support to pass.
The house of representatives In the
previous session passed the Esch-
Townsend bill which authorized the
hiking OF both maximum and minimum
rates and gave power over classical
ton. but 1t failed in the senate. After
the long hearings before the senate
committee resolution was adopted
| by the senate requesting the inter-
state commerce commission to itself
draft a bill which they should submit
as containing the amendment which
they thought necessary in order to
make an even regulation of inter-
state commerce. 1t was in obedience
to this resolution that the bill was
drawn by the gentlemen composing
the interstate commerce commission.
Gentlemen who are able lawyers and
who had given the question of railway
legislation almost lifetime study.