The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-04-05
FOR THE HEPBURN BILL.
state Railway Commissioners Indorse, but
with Court Review Provision.

WASHINGTON, April 4.-The Association
Of State Railway Commissioners in effect
set the seal of it's approval upon h pend
ing Hepburn rate bill, but with a court re-
view amendment. This action was taken
by adopting unanimously the report OF
the committee on rate regulation, which
was submitted by Delegate Hill Of Georgia.
1t declares the rate question to be the most
important public question. Danger, it
continues. was not from high rates, which
could be cured. but from rates which dis
eliminated against individuals or localities.
which tended to drive one producer OUT
Of the market to the advantage CT another.
As to clothing the Interstate Commerce
Commission with rate making powers. the
report doubts the wisdom Of giving,it such
general functions. The commission, how
aver. should be given power to institute
a inst and reasonable rate for one I'LL
70 be unjust and unreasonable. The con,
stitItioralitv of such power Ia discussed
by the report, which SAYS: ~
III Congress had no authority to delegate
to a commission created by 1t the power 70
find what is a lust and reasonable rate. then
rate legislation is at an end. But we mann
tain that under the Constitution Congress
has the power to regulate interstate COM
merce; that interstate traffic in various COM
modities by the carriers is interstate COM
merce; that Congress has the power, under
the Constitution, to declare that rates shall
be reasonable and just, and when it so de-
clares that is the Legislative will. 1t fixes
the standard that rates shall be just and rea-
sonable. Then the fact as to what are
Just and reasonable rates can be deter
mined by an administrative body created
by Congress-in other words, by the Inter-
tata Tn-prnaTNa Commission nT any other
commission created by it. II Congress has
not this power. then the American people
are powerless to protect themselves under
the Constitution against exorbitant rates
and unjust discrimination"
As to the objection that the Hepburn bill
vested in the Interstate Commerce Com
mission too much power in the fixing of
rates, the report points to the fact that
traffic officials. numbering but few in ex-
cess of the members of the commission
and representing the principal great rail
road systems, now fixed practically all the
rates. Surely the commission, composed
of men of experience in rate making, men
of high character. seeing not one but both
sides of a case. seeking solely to find what
was just and right between carrier and
shipper, could be relied upon to do equal
and exact justice to shipper and carrier
alike.
The report then urges the enactment of
such legislation as will so enlarge the powers
of the Interstate Commerce Commission
that it shall have authority to correct any
rate. regulation or practice in relation to the
transportation Of interstate m which
may be found after investigation to be
unreasonable or u~njustly discriminatory,
and to substitute a just and reasonable
rate, regulation or practice in lieu thereof,
and that its orders in relation thereto shall
become effective; such legislation, however,
shall carefully preserve to the carrier the
protection by the courts Of all its rights
under the Constitution"