Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-02-12

lions, working a large injustice, IN the
hope Of curing the original inequalities
Whatever attempt to remedy place dis
examinations we may make, We should 50
guard IL TO avoid applying a remedy far
worse than the disease. The experience of
the world leads me to doubt most seriously
whether any government ratemakiug. with
view to curing place Determinations, can
be affected without bringing a change for
the worse; but IL 1t IS 70 be tried ct all. II
ought not to go beyond the fixing OF a max
imum rate by the commission with the
most absolute protection against hasty or
prejudfced action through provisions for an
appeal to the courts of the country. his
certainly is as far as we can safely go" \
Mr.. Lodge combatted the idea that the
railroads are owned by few men. and
that they inimical to and independent
of oil other interests. He said:
Utmost Care Necessary.
1--WE all want to see the settled and estab-
lished sections OF the country thrive. but to
the railroads the we'll being of such places
Is matter of life and death sudden and
il-considered revolution In our methods of
railroad management would bring on
business panic. reduce wages and prcba bly,
carry disaster to our trade and commerce
In a degree which It IS impossible to estl-
mate"
For those reasons. he added. we should
proceed with the utmost care in railroad
legislation and continued:
I'VE should have proper legislation in re-
gard to the railroads, there should be gov
eminent supervision and regulations we
| should stop the fntolerable abuse of rebates
or determinations between persons, because
| IL we do not we may find ourselves precipi-
| tated into that worst of all disasters gov
eminent ownership. But 1t is equally es-
sential that the legislation we undertake
should not Itself lead to government owner
| ship. the dangerous pitfall are seeking
| to avoid It Is vital that this legislation
should succeed. but It can only succeed by
| being effective against the evils which It
| can cure, while 1t proceeds with the utmost
| care in those directions where experience
| has shown that some of the remedies now
| proposed have intSoduced evils far more IN
| bearable and far more injurious than those
| watch 1t was sought to remedy"
| Pointing out possible dangers to the pro-
posed legislation, he said the first of these
IS found in the possibility of failing to pro-
vide an effective remedy against personal
| determinations. THAT which Is to be feared
| as to rebates" he said. is that the law will
| not go far enough and will not be intelli-
| gently effective" He suggested that the
power delegated to commission should not
| go beyond that of fixing a maximum rate on
| freight.
Provision for Review.
Mr. Lodge expressed the opinion that
| there should be ample provision for review
| of the findings of the commission by the
courts. He concluded:
There seem to be now prophets of g. new
dlspensation, who wish to depart from the
line marked out by the President In his
message and accepted in the House bill of
last year by removing so far as possible
from the proposed law all proper provisions
for review by the courts This seems to me
to strike at the very heart of the measure
L am anxious to see this legislation. l am
not yet prepared to substitute for the courts
of the United States an executive commits
sion. Legislation cannot prevent an appeal
to the courts If it is alleged that the rate
is confscatory but this is a very narrow
ground and a very limited right. A rate
may not be absolutely confiscatory and yet
may be IN the highest degree unjust and
unreasonable, and indeed we'll nigh ruirous
| am not sure that 1t would be possible to
deprive a citizen by legislation Of the right
to appeal to the courts as to the justice
and reasonableness of a given rate which
| is a purely judicial question. But no at
tempt ought to be made, either directly or
| indirectly, by silence or by assertion to
destroy this privilege, or, rather, this
right.
1--WE are about to pass a great measure
from which, l hope, great good may come,
but one which in its operation will affect
| the property and interests of millions of
| our fellow-citizens It should be guarded
with scrupulous care. but, above all. II
should provide that no man should be de-
prived of his opportunity to go to the courts
| In defense of his rights If ne thinks those
rights evaded.'