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

Speaking..for myself. am fully con-
WINGED that as a matter of law Con
gress itself can prescribe a maximum
rate of charge for the carrier, and L
am fully convinced that it may com
nit to commission of its own creation
the power to prescribe IL rate in the
manner provided for in this measure
The Supreme Court OF the United
States, in the case of Mum V. Him
DIS held that under the powers in
herent in every sovereignty govern
mcnt may regulate the conduct of its
citizens toward each other and. when
necessary for the public good, the
manner in which each shall use his
own property" This language states
a proposition which has been good
law as long as common carriers have
had an existence. and is good law at
this time. The owner of private pro
pertv. used in Il strictly private way
and so as not to interfere with the
rights OF others. can use it free from
Legislative regulation or control, but
when it becomes affected with a public
interest and is devoted to a use in which
the public has an interest the public
acquires an interest in such use and
the owner can be compelled to submit
to regulation by the public TO the eN-
l.tant OF such interest.
This is not new doctrine. In the.
exercise OF this power il has been the
| custom in England for centuries and
! in this country from the earliest times
TO regulate ferries. hacksaen, ware
hopsemeu. millers, and the like, and
TO fin a maximum charge TO be made
for services rendered or accommoda-
tions furnished II is held by the
Supreme Court Of the United States
that the legislature has the same con-
troll over business and property OF
corporations that it has over that OF
individuals.
y large number of States in,.the
/ Union have enacted laws creating
commissions for the purpose OF fixing
rates and freight to,be charged by the
common carriers within the State, an |
in some States e'commssion is given
the power to initiate rates. The right
of States to enact such legislstion has
been most vigorously assaulted in the
courts, but in all the cases which have
been submitted to the Supreme Court
of the United States the power of the
State to enact the legislation has been
fully sustained, and to-day no respect
able lawyer is willing to question this
power on the part OF the State Nc
reason can be urged for claiming that
if State can legally enact such leg.
islation to regulate it's domestic com.
MERGE that Congress can not do the
same thing respecting commerce of al
interstate character.
In the Maximum Rate case hereto
fore referred to the court, in consider
ing he question as to the extent O
the power conferred upon the Inter
, state Commerce Commission undel. tho
Cullom law, and whether the act con
ferred upon it the power to prescrib,
. rate for the future in lieu OF the on,
which it condemned uses this language
There are three obvious but dissimila
. courses open for consideration: Congress
might itself prescribe a rate, or it NIGH
commit to some subordinate tribunal th
duty, or it might leave with the com
: pan.eS the right of fixing rates subject u
such regulations and T. strictions. rs well II
to that rule which is as OLD as the eXistenc
of common carriers, to wit, that rates mus
be reasonable.
This language is susceptible of bu
one construction, and that Congress
has the power to say that the rates tt
be charged by a common carrier shall
be just and reasonable, and to Great,
a commission and to cloth it'll Will
power, not only to investigate a rat,
complained of, if found to be unjust
unreasonable, or unjustly discrimina-
tory. to prescribe a rate to take it,
place in the future, and that the rat,
thus prescribed shall become the lega
: rate unless and until set aside by
proper tribunal
Mr.. Chairman, the pending measur,
is limited rather than general in it,
scope; it is reasonable rather thar
radical: it does not purport to remed,
all existing evils. A bill framed tt
correct all abuses in interstate com
merce would stand but little show o
becoming law. There NAV be dis
appointment because the bill does no
include express companies, Pullman
companies, and some other public a
gencies which it lis desirable to reeulat,
but it must be borne in mind that tt
secure any relief the bill must frs
pass both Houses of Congress, and TIN.
danger is that if it embraces too man,
> features, however meritorious, it will
: encounter such opposition that it's de
u feat will be encOmnassed For fiji