The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-01-22
In Their PLACES.
DepeW and Platt Appear in the
Us. Senate
After a Prolonged Absence From
Their Seats.
CLAY TALKS ON HATES.
Holds That Congress Can Dele
gate Power Over Roads.
Calls Up the Phantom of Govern
ment Ownership.
CLAY TALKS ON RATES.

Washington, Jan. 22.-Senators
Platt and Depew were in their seats
when the senate convened today. the
first appearance Of either for some
time. Both we're given warm welcomes
and were heartily congratulated upon
their appearance of being in good
health.
Mr.. Clay of Georgia in a speech sup
ported the proposition that the inter
state commerce commission should be
permitted to regulate the railroad
rates. He contended that the railroad
companies should not be interfered
with IN the first instance in preparing
their schedules, but said that when
these are once promulgated there
should be a body with authority to
modify and revise upon complaint. He
took issue with statements made
earlier in the session by Mr- Foraker
in opposition to the constitutional right
of congress to delegate its authority to
regulate interstate commerce. saying
that on account of the vast number
of complaints liable to arise it would
be impossible for congress with its
pressing business to give anything ike
adequate attention to them. M Clay
added:
''If congress should remain in ses-
/ sion from year to year, devoting its en-
tire time to this work. it would be I'M
/ possible to pass upon One-twentieth
4 of these various complaints filed By
/ the American shippers against the dif-
4 ferent railroad systems of our country
i repeat If congress can not pass an
I act providing that all Interstate rates
shall be reasonable and just, thus fX-
i ing a standard and delegatng to the
/ commission the power to hear The facts
and carry out the legislative viii OF
! congress, then the American people
are at the mercy of the railways.
] He declared himself a friend Of the
railroads, but said that because Of
their public character, 1t is proper that
s'Phey should be compelled to furnish
to the public transportation or persons
and property that is both reasolaa pie
and Just, and power ought to be lodged
in an impartial, intelligent and broad
/ minded tribunal to pass upon the DIFF
/ ferences between the railroads and
shippers and render substantial justice
to both And he added, ''if congress
| can not exercise this power through a
commission, then I am at loss to
know how the people can expect prop
er relief"
He declared that the laws granting
1 authority to state commissions to re-
! wise rates so as to insure justice mad
/ been frequently upheld by the courts
/ ''In these very cases, he. went on IL
I was claimed that the legislative power
must be exercised by the Legislatures
! itself and could not be delegated 70
| any other body, but the courts nave
uniformly held that where the Iegis-
/ lature enacted that rates shall be rea-
/ sonable and just, the duty of executing
/ this law and of finding what rates are
+ reasonable and just may be deiegated
/ to a commission ana that a grant or
such power is not delegation OF leg
/ islatiye authority. If such laws en-
acted by the legislatures Of different
states have been sustained as consti-
/ tutional. why can not congress enact
-r-4 A.,.-s -T-s
reasonable and just, and leave to the
/ interstate commerce commission the
4 right and power to investigate and fiud
| out what rate viii be proper one.
I what rate viii be Just ana impartial,
as between the shippers and the
roads?"
DenOunces Present Law.
After quoting many decigons in
support of his contention, Mr. Clay
denounced the present law and said
/ it does not afford adequate protection
to the shipper He said;
Railroads can destroy towns. cities
! and private industries by improper
/ rates. and who will say that power
should not be lodged somewhere to
investigate intelliEentlV all complaints
solely with a view of doing justice be
tween the roads and the shippers
/ The presumption is that an intelligent
/ brOad-minded commission viii be inn
partial and seek diligently to do JUS
tice to both sides. Why presume that
the commission wiz decide adversely
to the roads, Why presume that
narrow-minded partisans easily in
/ fuenced by public clamor viii be an-
pointed to discharge this duty2 u
/ viii not be a difficult task to secure
/ honest, intelligent, upright men to
| perform this work and no other kind
ought to be appointed
Mr.. Clay hinted at a possibility of an
agitation of the question of govern
/ ment ownership of railways. if atten-
tiOn is not given to the demand for
regulation, saying
''The sentiment has been growing in
favor Of government ownership. Mr.
Hearst came within a few thousand
! votes of being elected mayor Of the
/ city of New York in the last election.
[ have never been a follower of Afr.
/ Hearst Who had the remotest idea
veloped in that race2 1t was not the
man; it was the platform on which he
made his race-gOvernment owner
ship I do not believe in government
ownership of railroads I recognize the
fact that the vast mum Der of employees
engaged in the work of operating and
building these roads would be largely
/ under the influence of the party in
power in control of the government.
control of the government to hold it
for all time to come The onINeway
to turn public attention from public
i control is government regulation by
law"
Washington. Jan. 22.=In the house
today the urgent deficiency bill was
taken up. District of Columbia day
being passed over until next Monday.