The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-05-10
Voice Of the People
Rate Legislation.

Editor or The Times Dispatch;
Sr,--Tlic long debate III INC senate on
tile subject OF governmental cUitfol OF
transportation rates has raised the ques..
ton ns to the scope and extent Of judicial
review OF the findings or liking OF rate
chnrgcs by the Interstate Commerce Com,
mission when that body has rron ,},i 9,
| the r,tc complained Of tt.ren sonablc or
| UNJUST The Hepburn rnto bill, as passed
| by the House,, and now. pcndix; III tho
Senate. Is AZ, attempt to delegate leyslit :
bar a Judicial review The Inference 70 DO
drn wn Is that u Ia an arbitrary measure
which cntlnUt stand the test Of the courts.
It proposes to confer upon the c4mllis-
so u th9 power to ~ x W nS w a Gd1 ass
ard or action by witch It may be- glidetl
In. fixing rates.
It, mot only With, ministerial duties, bui
also With Legislative functions. II would
then become h luw-maklng. body as well
as an ndmlnistlutive one. ALSO !, colrers
tinls between localities 1hTbc existing
luorcrentInls are the results Tor years Of
experience by experts. who have made q
study, looking mot only to the profit OF
pcrity OF the communities affected there
by. and they are mainly Just. reasonable
and fair to all.
Thus ,he proposed legislation plainly
the Supreme Court IN the q, 4. Maximum
Rate Case" would not sanction ~ the
vlrcs''-viz.: Tho fixing Of dllfcrentl,nlls
bill as It now stands. with the right
Verbs exprcssIs' to II review by the
court the commission may change any
regulation or rule and may upset the
whole set of dlfforcntials now working so
greatly TO the advantage OF the COM
lnerCe OF the whole country. s.
No such outside body should be allowed
to change these established rates at al:
The experience Of nsuuarter OF century
Of prosperous operation han proven them
totbc neither unreasonable not unfairly
discriminatory.
!. The bill will not affect rebates, ono of
destroy, the elasticity OF community rates
or differcntials, 80 necessary TO build up
new Industries, since no right Or power
TO raise rates is nrovhlcS for. though 1t
Rtroy the equality now prevailing. 1T
would tend to tho reduction Of rates TO u
rigid mileage basis IN the end, destroying
the little competition now existing c,ltl
lead to, and finally result in, government.
ownership of all carriers. 1tMtlocs not
remedy great existing inJustices, and ifit.
Is pa ssed without vital amendments 8wll
result in lncalculablc harm to tho country
ncnt domain inheres IN the Individual
states. and under the exercise OF Wnlcn
these roads were chartered built and
operated now. ought the government to
pora tons, running their trains within as
well MS through the borders OF these
soverelgnties? II this obl!tcration, OF
State lines and rights continues where
will It stop?
THE greatly stretched commerce clause
OF tho Constitution Is made the Vehicle
to carry many usurpations and central liza
lion Of powers In the hands OF the Federal
administration. and no tyranhital meas
lresHshould be prcdlcated upon@ita h,ai
4 In regard TO the exclusion Of complaints
from judicial revision there Is u maxim OF
the law as old as Anglo Saxon civIliza-
tion--to-wt: Wherever there's q wrons
there's remedy" and courts Of Justice
ing all such cnscs. Car the legislative
rlnna rtne nt OF tho govern ncnt cncroacn
unonathe judicial and limit the power, Of
the courts to Issue intcrlocutory orSers
in cases where irreparablc injury TO
property or person is shown to fsbe
The Hepburn bill, as passed by the
House. If concurrcd In by the Senate VII
poTiry N III o eHeY W $
once the scorporatiIns obtain, contronlof
the commission ass that is but "a mere
question of{timc IV the opinlGa OF many
It will be the most dangerous legislation
ever enacted BY Congress since tho. pres.
cnt party has In the possession Of
the government. TO Use the expression
Of prominent menbnr It wns 'jalnmod
through under whip and spur" and rail-
roadcd to the senate by the .nutocrnt, IN
body OF conservative men unamended In
important particulars 1t Will I.auguratc n
new dispensation and start athegnld,ShD
Of state upon unknown seasitwSlitA avery cry
p'''lSs 's ~ Fl :. ". sfAMpE1t
Richmond, Va, May 4 1oo6. NJ lSsl@'