The Denison review. [volume] (Denison, Iowa) 1867-current, 1906-03-01


meets with my hearty approval, and,
in addition. it contains features which
are highly desirable.
The legislation which is sought to
be secured is of the highest Importance
and worthy of most serious considera-
ton. it may be regarded as progress
i've legislation. 1t goes one step
further than has yet been taken by the
General Government in the direction
of remedial legislation intended to
regulate common carriers engaged in
interstate commerce. 1t is not new in
its provision for the creation of a
commission to investigate the reasons
ableness of rates OF common carriers.
for the law now in force provides for
such commissions: but it is new in
that it confers upon the Commission
greater powers than it has heretofore
possessed.
1t has been frequently asserted dur
ing hedebate and not seriously dis
puted that for several years after the
Cullom law of 1887 was enacted it was
generally understood by the people
that the Commission was clothed with
authority TO substitute Il rate where
upon complaint by the shipper, the
one IN force was found to be unjast,
unreasonable, or uniusty aisermin-
atory. and the rate which the Com
mission should thus prescribe Should
become the legal rate to be charged by
the carrier unless and until set aside
| by a proper tribunal
In 1871 the Supreme Court OF tie
United States in what is llnown as the
Maximum Rate case, reported in l67
[ United States Supreme Court Reports
held that the GALLON law did not con
fer upon the commission the power 10
substitute Il rate,in place of the one
condemned and that the order of the
Commission i'm prescribing d rate fol
| the future amounted to nothing more
than a recommendation to the common
carrier. 1t is needless TO say that
since that time the orders OF the Com
mission have neither been respected
or obeyed.
This want of power ON the Fart o.
the Commission to fix rate in tho
place of enc condemned is RECOGNIZED
as the weak spot in the intarstate-con-
merce law. Personally have believ-
ed. and now believe, that an amend
ment Of a few words to the law of lsS-
expressly restoring to the Commits.
sion what has been termed this los
4 power" would go far toward correct
ing the evils complained OF. One OF
the features of this measure, and il
| my Judgment the main one is intended
to strengthen the law by giving to the
| Commission the power which the PEG
pie of the country generally believe
was conferred upon it until this de
cision of the Supreme Court of tho
United States was made. 1t was be
cause of the attempt to remedy this de
feet in the Cullom law and to confer
upon the Commission this power tina
the intense opposition on the part o
the railroad companies, which fo1
several months the country has wit
messed, was organized and which ha:
been instant in season and out o
season" endeavoring to defeat the lie
gislation. Here is the battle grount
between the people on the one side ant
the corporations on the other. Th'
issue is clearly defined and is we'll un
derstood. The purpose is not to de
prive the carriers of the right to fl.
rates in the first instance. nor is it tt
give the Commission power to initiat
rates.
The question is, Shall the Govern
ment be authorized by law of Con
gress to reglate the great transporta
/. ton companies in the United States t,
the extent that the Commission, where
upon complaint and investigation,
, rate fixed by the carrier is found t,
, be unjust, unreasonable, or unjustl.
! discriminatory, shall have the RICH
, to prescribe what it determines to b
t just, reasonable, and fairly remunera
/ tive rate. and to put it in force in tn
\ future in the place Of the one con
demned? If the bill in question is en-
acted into law, then this power will b
3 given to the Commission. If it fail
3 to become law, then the effort to Sc
4 cure rate legislation will have bee
: waged in vain, and the evil
, will continue. If this bill becomes
5 law, it will be trump for the peopl
$ and will vitalize the provision of tn
Constitution comforting upon Congress
e the right to regulate commerce anon
Z the States by placing in the hands {
v Government a power to say that th
i rate to be charged by the commo
e carrier for the transportation of pei
v sons and property shall be just an