Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-07-28
CONTROL OF RAILWAYS.
Great Powers Granted to Ca
madam Commission.
FEW CASES IN DISPUTE
General Aim Seems to Be to Cooperate
ta
With the Law.
REGULATION BY GOVERNMENT
People in Canada Have Gone Long
vi Distance Ahead of Action Taken
in This Country.
stafr Correspondence OF The star.

gtan Correspondence OF The STAR
OTTAWA Canada, July 49, 1906.
Somebody around this town whose name
has unfortunately been lost to history de-
scribed Canada IAN apartment house
empty of tenants" And this is the situa-
ton in a nutshell Canada Is certainly a
big apartment house ard to the tourist
abroad in the land, apparently an attractive
one. But 1t Is practically empty. Conse-
Quently the energies of the government are
bent on filing the vacant suites as fast as
possible. The Canadian challenges COM
parison of other homes with his. but in the
same breath deplores the fact that there
are so many rooms to let Then-whether
no be poor or rich. In official position or in
private ife-he goes out, rolls up his sleeves
and starts in TO do his mite of empire
BUILDING. few million folks all working
together with a regular, briny 'yo heave
yo," swing, can do a heap. heap has
been done in the past few years and there
Is heap more in the doing Things are
humming. business is booming and the
gcose-for they have geese in CANDIDA, and
far ones at that-honks high.
Government Regulation.
The history of railroad legislation In Can
ada as compared with that in the states
trates the way the Canadians do things
And II government regulation of rates and
roads is the solution of the problem offered
by the relation of railroads to government
the Canadians solved that problem first. In
view of the very recent struggle in our
Congress with regard to this prob
lem, the Canadian situation is most inter-
esting While the installation OF a system
similar to but more stringent than that
jus. Instituted by Congress dates back to
a hon GnEltr inc
in the dominion For many years com
n;tee of the cabinet had been vested with
power to arbitrate disputes between ship
ptrs and the roads. Before that the Cana
dian railroads had been made dependent
on the goodwill of the government TO an
extent that made for good behavior
Stock Watering Prevented.
In the first place the dominion parliament
and not the province-correspond TO our
state-grants a railroad charter And then
the Canadians have dared from the first to
safeguard against stock-watering by the
roads. Each charter is a special act of par
lament, with provisions carefully designed
TO cover the peculiar conditions govern
ing the construction OF that particular rail-
road. The fair cost of construction is de-
termined on the advice of experts and the
power of the road to issue stock and bonds
Is fixed accordingly. The Canadian roads
have therefore not been tempted, through
necessity or otherwise, to defend demand
for rates high enough to pay dividends on
watered stock Being creatures of the cen
trail government, dependent upon ii for all
power, the railroads of Canada have felt
wholesome respect for their governments
respect which has been absent from the
attitude Of American roads, with their char
ters won from the several states and their
campaign contributions a determining force
In the election of legislators.
Control Over Rates.
From the first, too, the railway committee
of the privy council exercised a certain
amount of control over rates. as has been
indicated. In 1903, however, parliament
passed an act establishing a commission
that corresponds to the interstate commerce
commission as reorganized and re-empow-
cred by the session Of our Congress lust
ended. In the recent session of the Domin-
ion parliament this act of 1903 was broad
ened 70 cover express companies and long
distance telephone service. The Canadian
commission must approve rates when they
are fixed by the road before they can go
into effect. II has equal control over classi-
hcation. and the policy has been TO make
this classification system uniform through
out Canada.
Our Interstate commerce commission. as
now empowered, can fix maximum rates IN
complaint The Canadian commission has
complete jurisdiction over Determinations
between localities. or, in other words the
power TO deal with the problem of the long
and short haul The best legal authorities
Of the United States Senate declared dur
ing the debate on the rate bill. that IL
would not meet this problem Of the long and
short haul The controversy over court re-
view in the United States ended with a con-
cession TO the railroads Of a most liberal
privilege In this direction.
Limited Court Review
Canadians say that their commission is
not Handicapped by the burden of court re-
view. But an examination OF the act shows
that an appeal can be taken from the com
mission 20 the dominion cabinet on q dues
ton Of fact or 10 the supreme court of the
dominion on a question of jurisdiction. pro-
-Fided that a Judge Of the latter body is
willing To grant the hearing and that the
board may consent TO have a question OF
law taken To the same court.
Technically, then. there is a limited court
review In the system as established in Can
ada. But practically this court review is
absent, not only because OF the peculiar re-
Lattons between the railroads and the Ca
madam government which have already
been indicated but because OF differences
In the judicial system and practices and
haoits OF thought between the two coun-
tries.
The railroads must work in harmony with
the commission II they can. They cannot
AFFORD 20 assume the attitude OF fighting it,
The Canadian commission Is a court with
jurisdiction over all questions OF transpor-
tation. as well as an administrative body
as well. The proposal to substitute a court
OF transportation for our interstate com
merce' commission. an administrative body
with as scanty judicial powers as Congress
declined.
Powers of the Commission.
But the powers OF the Canadian commits
sion do not stop with the list given, which
is already considerably longer than that
In the American railroad law. The Canadian
commission Is charged with the work of
securing uniformity in rolling stock. In the
b system Of operation on the different roads.
and with providing rules which shall Sc
cure protection of persons and property TO
the public and the railroad employees IL is
within the province of the commiss on TO
require certain standard of ventilation
for cars and of safety appliances for the
coupling of them. The commission can say
where coal and not wood must be used for
fuel in engines 10 meet a loo Il problem Gre
ated by the retention OF few OF the old
time wood-hurners The commission can
compel its own standard to be maintained
LAS TO bridges. cattle guards. fences and
gates, and II IS even charged to see that
locomotive whlstling does not become a
nuisance.
Few Gases in Dispute
b. One Of the arguments used against the
railroad rate bill was that the Interstate
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