New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-03-08

r-o,g-esx can .nanose all the conditions upon
which the party might appeal to nigher cout ~ :,
hut somewhere, he must have the right 10 go 70
a court without the imposition or 'puIdehs ~
conditions except those usually associated VIII
litigation. IL the carrier claimed tnat the I.ato
fixed by the commission was confiscatory, threa.-
ening it's soivency, perhaps Importing us Neis
operation IL might present a. very slaNe 49,
ton. whether at the same time II CAN DO AZ,
ouired 10 surrender temporarily even, part OF
that which. according to its own plea, aho Upon POI,
which plea the court would impose It's equi s
mower was absolutely essential to avoid conf1sca-
ton prevent insolvency. or permit the col'ii"
ance OF its business ,oara
For these reasons II was thought pest 10 lea,
the carrier TO its remedy IN court or equIls,
where the court might, If In lis OPINION ~ a. as
practicable. impose such terms as II So. for
a condition precedent TO granting Ie!.SA, ~
while IL would be very questionable "helner INC
law could impose the condition. the CONDITION pc
ing imposed by the court ITSELF IL Wouiu hot 10
open to that objection.
MR. SCOTT AGAINST THE BILL
Mr. scotts argument was directed mainly
against the principle of government ownership
Of railroads, IN which he included control of
rates by the government. He admitted that
there are evils connected With the railroad sys-
TEN of the country. but said he would not vote
for the pending bill without provision for
ample court review. On the general subject of
permitting the government TO fix rates. he said:
From an intimate relationship with railroads
as shipper for nearly thirty years, have given
this subject my consideration AS senator
of the United States have tried to study the
subject OF government control from the broader
standpoint Of the roads and all shippers. AS
a consequence, am forced to the conclusion.
from every standpoint, that the roads are better
able to fix rates in accordance with the laws OF
trade than government
Mr.. Scott declared that the charge of un-
reasonable rates is practically unfounded He
referred TO the fear that railroad consultations
would have the effect in the future of greatly
advancing rates. but expressed the opinion that
that question could be dealt with when it pre-
sents ITSELF if It does. Should railroads by
merger attempt TO limit competition and thereby
lessen the opportunities for commerce. l. for
one" he said would insist radical action"
Outlining his views as to what should be done.
Mr.. Scott said:
want the bill amended so that the coal OPP
orator OF West Virginia open up his mine,
have that mine connected with railroad. have
his just share Of cars and thus have his product
carried 10 the best market; SO the farmer of the
West ship his surplus grain the planter of
the South dispose of his cotton and the lumber
man of the North OF his timber, and that these
in turn can take their share OF the manufact-
ures OF the East; and that II will be plain
that the railroads shall not be owners of coal
lands. grain lands or any business enterprises,
and that the small producer shall have an equal
chance with the large
He closed with the declaration that. while he
considered the railroad men more capable of
regulating rates, he was willing to see the ex-
pertinent OF a rate making commission made. be-
cause Of the popular demand. He added. how
ever:
I am absolutely and equivocally opposed to
giving them that power without provision for
a broad and general court revision to which the
shipper and carrier appeal when the rate
designated is unfair to either hold to such
revision by the court since the history of the
Interstate Commerce Commission has shown, to
my mind, that the power OF the court to review
fits decisions has simply saved this country
from the experience Of European countries That
experience has shown that determinations of a
more serious nature than we have exist, and
prove conclusively that the results coming to
us, had the Interstate Commerce Commission
the power to enforce its decisions, would have
been disastrous beyond comparison.