The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1906-04-20
CONTROL OF RAILROADS.
Equal Justice 10 People and Com
panies Is the Democratic
Plan.

Ihat a an interesting debate on
the railroad rate regulation bin! which
occurred In the senate on March 2.
~ which Senator Bailey. OF Texas.
outlined a policy for the Democrats
on what Senator Tillman termed he
spinal cord Of this whole question.
Senator Bailey stated that when a
rate Is once established by the inter
state commerce commission. 1T Is moi
unreasonable to require that tina rate
shall remain in force until the ques.
ton has been thoroughly determined
upon its merits by the court. To say
that a rate established by a commits.
sion OF men supposed 10 be especially
ht for the performance OF that duty
shall be set aside by a Judge who may
know everything about the law, but
may know very little about the justice
OF a railroad rate. is, to my mind.
%conceding more than ongres H. under
the necessity OF conceding TO what are
called the inherent equity powers Of
the court"
But Senator Bailey clinched his con
tention by saying that in view OF the
fact that In most Of the states in the
union when the railroad comes 20 take
the citizens property and they dis
agree about the price which shall be
paid. the carrier is authorized to apply
to the court FOR the appointment Of a
commission. and when that commits
sion assesses the value OF the prop
erty actually taken and the damages
to the remainder OF the tract, the car.
rier can deposit the assessment with
the court and appropriate the citizens
property TO its use. IL seems to me we
are not asking too much, when tho cit
izen is compelled TO apply TO the com.
mission TO assess the value OF the car.
rier's service to permit the citizen 10
have IL at the value assessed by a com.
mission, just as the railroad was per.
mitted to take the citizens property
at the value assessed by a commission.
1T does not seem TO me that there
IS any difference in principle. and !
suggest that We all agree upon an
amendment which provides against the
suspension OF rates by interlocutory
decree and then In justice TO the car
rier-expedite the decision. | have
never seen the hour when | would
consent 10 close the doors OF the
courts OF this country TO any person;
nur have | ever seen the time that
I wanted 10 obstruct the free and open
Access OF every man to the courts Of
this country for the protection OF his
property right. But opening the doors
az wide to the railroads as 20 the
shiprer-and ! want them to stand
equally open and as widely open 70 one
as 10 the other-still it seems 20 me
that we should provide for the rate es-
tablished By the commission 10 remain
in effect until finally suspended by the
court upon a full investigation into the
merits Of the case. and provide that
when this suit shall be Instituted. It
shall have precedence over every other
case on the docket Of a different ma.
ture. first In tho trial court and then
in the court to which it might he ap
pealed. When that is done there can
be no serious delay in the final adjudi
cation Of the case upon its merits"
That should appeal to everyone as
a fair proposition. and II the Repub
leans are really in earnest to enact
a law that will protect the shippers
from unreasonable rates and prevent
the railroads from taking advantage Of
the laws delay they will join Senator
Bailey. as he invited them to in per
fecting and voting for such an amend
ment TO the Hepburn bill as Will in
sure relief because II will stand the
constitutional test. that the supreme
.ourt must eventually decide.