The independent. [volume] (Lincoln, Neb.) 1902-1907, 1906-02-01
Regulating Freight Rates

rates is now lHe war cry OF all pOlltcal parties,
but from all the proposed measures, not single
one will produce the wished-for effect. The Dol
liver rate bill Is reported to be drawn in accord
with the wishes of the president. The news
paper report reads as follows
Senator Dolliver Tuesday introduced bill
which he asserts will regulate railroad rates and
simplify the duties of the interstate commerce
commission. The bill authorizes maximum and
reasonable rate to go into effect thirty DAYS after
notice The bill provides that court procedure
OF the commission will be eliminated and the
railroads left free to follow their constitutional
remedies in the courts. The commission is to
be increased to seven members at salary of
$4,000 each"
| believe the salary is the main thing of the
whole business.
The father of the bill stated that it was not
introduced as hostile measure to the railroads
hardly think that anybody thinks that it u.s.
Deheve that everyone of the railroad princes
would lndorse that bill. 1t is claimed that the
bill will make it possible for the railroads and
the people to submit their differences before a
common tribunal They do that now
Inc Dill provides that an order of the COM
mission with regard to rates shall go into effect
Wlthin thirty days, unless modified by a supple
mental order or suspended by a decree of the
court. They can now get all the niunctions thew
wish to prevent people from meddling with rail-
road business
Mr.. Dolver must have very poor opinion
Oh the intelligence OF the American people when
he introduces bill which is sheer at common
sense. The whole thing is unconstitutional Con
gress has no power except that which the con-
sututlon has given it and the constitution confers
nv power on congress to elect an interstate COM
merce commission and to confer to the same
legislative as well as executive power That bill
would have the effect that the railroad managers
Wish, VIZ, preventing just control of railroads
and regulating freight rates by tedious mock
trials, the same as they do it today
IL that interstate commerce commission should
order maximum and reasonable freight rate
the concerned railroad company would have II
suspended by decree of the court or would
commence lawsuit to drag it along until dooms
Day But even If after years of litigation a court
should decide against the railroad companv the
company would appeal to the supreme court
winch by an unconstitutional 5 to 4 decision
would declare the concerned order or law nm
constitutional, which it really is, but the snnrema
court court mas no more right to declare law CON
stitutional or unconstitutional than q common
citizen. The constitution confers mo suob ,o,a
on the supreme court
DOUBT arises about the constitutionality
OF an act, the people and not the supreme court
nas W uecide the question finally by direct
Nete Inc supreme court is creature of tho
constitution, resting on the will of the peonIe
wncn Is the real sovereign in republic and
.he,eiore the supreme court should have no power
10 Judge and annul acts of its creator
a.. ine preamble OF the constitution says: Eve
'he people OF the United States in order tn form,
more perfect union establish iustioo ;n,aa
domestic tranquility, ETC., do ordan and estab
.sn .his constitution for the United States Of
america. 1t does not say: I'VE, the members
u me supreme court" Even in constitutional
t;on. states the people decide such cues
uons monarch can veto a law bnt If tbo -
lament passes that law second time he can
MOI appeal to the supreme court He has either
10 sign It or he can appeal to the peope bv die.
sowing the parliament, but the people NAV elect
mora sahs parIainent again, so that even in
preme law. fp'e 10 gu
a., halifoaos are public highways Therefore
.hey stand under direct control of the exacutiyo
ior eneceve and safe management but that pre.
elected and surrendered to the railroad n,anoxn nc
VINO arbitrarily fixing freight rates mi 80