The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-05-29
RsGWaV hsrE sIEL.
ssms nsaaaas Why u aaests spsssss Q
e.aw Wthauf netsg,

81 Wtlaaua uetsY
20 ssa gnrfGa 90 Tna aus Rg y - nus
pssiishis thsf essHsl afCfis ataHeHiians
eaHssfnfaf ifnafmeHt ~ fhs Heuse ~ hepfr
seHtsflyra N tha aeHsfs amendments ~ 10
l~lspasgs ssrtsav gafa bIn sHi Hos lHAHefes
fhsss sHs esys mo efNeiat responsibility
ftefs see Hsveffhetssa. euHsHtsffflHhs nv
ies aslaiH sal pHtsfHf ~ ernffes ~ eeiH
etefes gnf aHANfs FhieH msv ~ safthF ~
lhsHaht a. " sshlH efan fH fsFaf " sGeetlg
eBsgDna ~ ias aaftas hHnh the aHaHndel
bln Ne sslsplef ~ Ne seHsfs e6ffeHtiaa ~
esafss ~eiefieai effsfs W lHuauseH net W.
teHaps W. . Nlaiaftf
~ svrss HehHtHa s~fetHHaefsNrs ~ sew
es,sss saasas w ssuruf IN NE aaHefal fulief
se,s e,,,e.ss N ina H,saasfs seBt Nv fhe sens
sfa Waar pauafefsfusa NAV hssevef thtnt
u dBss ssf - fag sHuufh w gesfatfiHa fsH
ssya shua aHlF 4 fsv fhlHN u fHea TOO tsf
Tbe lseNeg asull pFohahly lNsisf on lBffrr
psweg e. tbs dlspafsl ~ the eeHttnlsatuHi
ald fbeV NOT aatpt Fhst ths orlaieH " We
aaefsfne CspFt may he % sayesal ~nioo'~'
anea laus ths eeuft sAsh deptie, ~ ~
s,nple. that ths Whois sshe'us ~ deless'-
lvs rata HsIus egNsf ~ 4 eHrnfntssinr -
e,stt,sda, sy the srasgtUala then th@ entlfa
lsetsiatisn, W ~ Isaa = stest paft eh ba
nIl AMI voai n 10 thetefufe fcf thoss
fessypa, and NAVY oihasa, ~ be desifri ms
The oeaaors 40 aulekiy On the statuie booHi
aed that railWa directors, ahlppafs. the cow
mission and tbs eoufts set ~ Wora undef "
For ths welfare u al eoncefned wv v ne
N every doubtfdi question involved W W.
legislation can bs dlsposed ~ - ~ saIlI
dav BY tina supfems Court IN the orderly
ntose.s of railway aosi judicial usins
That u ono reason for speedily substituting
the Teiafal courts Tor Congress ~ the fofum
Of debate and argument
Another reason fof aeasonabie telerity IN
Anal disposition by Congress OF the neg
legislation IL that tho railways and the'r
ahateowners may quickly know their tate
80 far ne Congress can control w. ana may.
In tho elections Of direotofa. near at hand
In 40 many Of tho corporations. ~ wen ~ ~
deliberations at the s~hareowncrs mes'ings'
prepare for the Inevitable.
Under any Of the conceivable forms In which
the Hepburn bill Ia likely to go into the statute
book. each Of the railways condHct'nk iaser,
TO %lnitiote and publish freight sheets 20 when
shipper must conform TIL modined accoru-
LIE to lsv, whence 90 d a1a w eho .ns by ths
shAfeowners, get that pOwert Az - not nhtn-
rally Inherent in the corporation or IN INC
t uwsroetoS' three or more, in which the corpora
tlOns have been chartered by COnEressl the
power to fix rates has been spn Se w. sbsrt Sy and n
delegated by the state under its Constitution,
nH SIHtG mas HlNtn, dIiu Nho ~ ~ .SosD
away. the right, unless II has surrendered the
right OF deprivation, which few or none OF
tho States has surrendered. u.s
10 the directors Of the Union Pacific road the
legislative power TO make freight sheets
their corporations and to State commissioners
the power to make just and reasonable rates
and, regulations, and Gongress San nan
way corporations. why cannot Congress
delegate a like power to Its own Interstate
However that may be. it cannot be denied
that the directors OF the State railways
carrying on interstate. M are. In the
Interstate railway rates! Congress has re-
ceived power TO interfere with those rates.
il unjust and unreasonable. from the ex-
pressed. enumerated and plenary grants
eral States" and to make al laws which shall
power vested by this Constitution IN the
1p; SnsTtmsn. OF OF t oflc sni tssre ssf!e' S WSto IN LAST las.
means. the Supreme Court has said. that u
the end be legitimate and within the scope
thhart end. which are not prohibited and which
consist with the letter and spirit OF the Con-
Does delegation to railway directors or
TO a commission OF power to Ak rates, always
subject % judicial review come WITHIN tna'
Al any rate, there, are now in each State
f fSSr ssRsrf f"s, sssnGts' tho he r rsiHISay' o ess,@sy
courts. Multiply By tho number Of states
the work OF rate fixing. including four more
furnished by the Government at Wash gton:
The common law and the highest Judicial
tribunal In our land have prescribed q COM
mon measure and standard TO which each
and every one q the agencies must conform
Of every ratel The railway speaks first
through it's directorate, II Its enforced rate
is "just and reasonable. no other agency
can or should interfere. Neither tho State. or
national. commission nor the courts VIII
then have anything TO do IN the premises.
Thus the railawy shareowners have the whole
matter In. their own hands. I they will, one
and all, only select directors who know enough
to obey the laws, who are not too lazy to
compel ~self-willed and misguided trafic
agents to obey the laws, and, In a, word,
who will do the work they undertook by ac-
ceptlng the office OF director. Each OF the
great railways can find men as competent
rates, as tho Federal Government can find
to be members OF an Interstate, commission.
and can pay them as much for their services,
The railways should straightway choose
suoh men and require all OF their time, In
stead a. now an hour or so each week. or
month. That may have, been enough In
the early days when railways were mere
Congress had taken q hand In railway man
aHement The functions and salaries Of rail-
way presidents and trafio managers have
increased enormously within the last, quarter
OF a century, but not controlled by directors.
Reform Is needed there and now!
NEW YORK. May 20