Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-03-07
Senator Clapp.


that power must be sought for in the
stitution itself. The power of Congress to
regulate rates through commission would
seem to be no longer a subject of inquiry
The exercise of that power, unchallenged
as to the power itself for the last twenty
years. is supplemented by the declaration
of the Supreme Court that Congress itself
might prescribe the rates or might commit
to some subordinate tribunal this duty
What is Proposed.
''I'nder the existing law rate found too
high can be reduced: but in 1897 the court
held that while the commission had the
power to condemn existing rate it had
no legal authority to name the new rate.
And it's power has been confined to con-
demning an existing rate. accompanied by
& suggestion as to the new rate. Being
clothed with power to condemn in turn the
new rate, its suggestion as to the new
rate has had such force as to result, with
but rare exceptions, in the adoption of its
suggestion. 1t is now proposed to give the
commission the same legal authority to
name the new rate which 1t has to condemn
the old rate, with the same legal force and
effect.
THE objection is made that this amounts
to the delegation of legislative authority,
but the Supreme Court has too often de-
ciared, in dealing with state constitutions
designed to separate the three functions of
the government as thoroughly as the fed
eral Constitution, that a commission could
be employed in this connection. Strictly
speaking, it is not the delegation of legis-
latfve authority. The legislation speaks
for itself both as to what the law shall
be and the effect of it; but as is 50 often
done under our forms of government,
subordinate tribunal is employed to perform
some act In conjunction with the legislative
WILL which in the end effectuates legisla-
ton
"Cnder the existing law, if the order of
the commission is not obeyed, the commits
lon ff1Trc hiring a SIlit 10 enforce its order
The proposed law is designed to change
this and give the force of law to the COM
missions order. leaving the carrier to avoid
that effect If the order is one which should
not stand, instead of, as under the existing
law. leaving it open to the commission to
establish it's order"
Question of Judicial Review.
Taking up the question of judicial re-
view OF the commissions rulings, Mr..
CIapp said:
objection IS made to the fact that the
bill does not go into the details of the Ju-
dicIal procedure which the carrier may In
Yoke. The bill proceeds upon the theory
that when a rate Is f1Xed by the commits
sion il consummates the act of Congress,
and that 1t Is no more necessary to pre-
scribe the details of the judicial procedure
involved in a claim that the act amounts
to the Illegal taking OF property than It
would be If Congress named the rate in the
bill Itself. The act OF Congress is the act
of dealing with the question of the reguIa-
ton of a matter subject to congressional
regulation, and in either case so far as
congressional action goes Is final. But in
either case, as under any act of Congress in
the enforcement OF which a party claims
unlawful deprivation of property the party
making this claim can go into a court of
equity and assert hts Fights The history
of the litigation resulting from the effort
of the governments, federal and state. 10