The sun., 1906-02-20
FOR A DEPUTY LEGISLATURE.
A Proposed ExtenMOn Of the Court review
Princinle af the uailburn Dill.

To THE EpITon or THE SuS-Sir; have
bcen one of those who have sincerely doubted
the wisdom OF comforting upon any appointiVe
agency OF the Federal Government any part
Of the duties and responsibilities when 'he
Constitution has plnccd upon the IohertSS'
This opposition to the removal oi Legislative
power one degree further from the people
led me for time to oppose giving rate max
Ing power TO the Interstate Commerce COM
sion. 1t did not seem to me that the s'tua-
tlon demanded o deputy legislature Tor the
purpose OF making railway rates, especially
as II s so undenlaby clear that controversies
Of this sort can be promptly and cnectNcly
settled In tho Federal courts.
beg. however, to announce through your
columns that the recent discussion has made
II perfectly plain to me that wherever there
Is widespread complaint, however uniounueo,
a remedy. however unwise. should promptly
be provided. This Is so plain that 1t ought TO
be beyond question that the principle does
not stop with the making Of railway rates.
All over the United States. wherever men
gather together on street corners or In bar
rooms, there Is complaint either that the
Congress Of the United states enacts too many
statutes or that II enacts too few or that IL
enacts the wrong ones.
| defy you to produce single citizen.
however qualified or unqualified. wEo is not
firmly convinced that he could add at least
now exists TO the immense benefit OF man
kind. Now. q law is thing OF much broader
application than railway rate. and II may
affect the moral and intellectual development
Of man. while rate can only affect his mate
rial welfare. is 1t not intolerable, then, that
a citizen who complains that a law is unjust
or unreasonable or operates to his especial
disadvantage should have to wait for the
slow processes Of Congre ssional committees
and Congress Itself before he can obtain
relief Is II not the plain duty OF Congress
to provide means for the prompt settlement
OF complaints OF this sort Certainly there
can be no negative reply from those who
advocate political rate making. 1t Ia fortu-
nate. too that they have pointed The way
! In which relief is to be found,
There ought to be an interstate legislative
| commission and an interstate legislative
| act. modelled. respectively. after the Inter-
state Commerce Commission and the inter-
state commerce law The first section Of the
| interstate legislative act would prescribe
that all laws shall be reasonable and just,
| and another section that they shall not dis
| criminal unjusty against any particular
| individual or locality. These requirements
are obviously correct in principle and GER
| tainly no one can object to providing ade-
| quate means for their prompt enforcement.
The act would further provide that any citi-
zen who complained that an existing law was
| unTeesoHdDle OF uuJuslly siIoulu
| bring his complaint before the interstate
| legislative commission. and then 1t would
| contain q section. closely following the Ian
| guage Of the Hepburn bill, which has been
unanimously approved by the Committee
! on Interstate and Foreign Commerce of the
| House Of Representatives. This section
would read as follows:
That the commission Is authorized and
powered. and II shall be Its duty, whenever after
full hearing upon complaint made. 1t shall be OF
the opinion that any OF the laws statutes Of the
| United States are unjust unreasonable, or I'm
| Justly discriminatory. or unduly preferential or
| prejudc!al otherwise In violation OF any OF the
| provisions OF this act. to determine and prescribe
what WILL In Its Judgment be the Just and reason
able law statute to be thereafter observed, and
| to make order that all persons concerned shall
conform to the law or statute so prescribed. Such
order shall go Into effect thirty days after being
| publicly proclaimed, and shall remain In force
| and DO observed. unless the same shall be sus-
| pended or modified. or set aside BY the commls
sion or be suspended set aside BY court OF
| com mpetent Jurisdiction
The act would require other provisions
but i have indicated the material language
necessary to create machinery for the prompt
| enforcement Of the universally recognized
| standards OF reasonableness and Justice
| II is understood that q properly drawn bill
| for this purpose Will soon be submitted to
| the judiciary committees Of both houses. and
! 1t is to be hoped that the President and all
| those who favor the creation of a deputy
| legislature for any purpose Will promptly
| throw their influence in its favor.
WASHINGTON, Feb. is, JAMES A. SMITH.