The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-02-28

it necessary to amend their conSIlLu-
tions in order to give to commissions
the power to fix rates. He conceded
that if congress has the power to fix
rates a commission can be created and
it can be utilized in the fixing OF rates
But he said, ''it can be utilized
only under some such statute as those
enacted by the legislatures of Iowa
and Wisconsin, when in 1873 and 1874,
they passed their respective statutes,
classifying the railroads according to
earnings and providing that the Of
fcialS chosen to execute them should,
by computation, taking the elassifca-
ton IS a basis, determine what statu-
tory rates should apply. That was ad-
ministrative.
A Mileage Basis.
THE congress could also utilize the
commission in the fixing of rates If it
should see fit to resort to the policy of
a mileage basis"
Mr.. Foraker contended that the enact
ment OF the proposed law would con
| travene section nine of article one of
the constitution, prohibiting a prefer
ence in favor Of the ports of one state
over those of another state He cited
the dinerentials allowed in favor of
Philadelphia and Baltimore and Of New
Orleans and Galveston, and admitted
! that these differentials are essential to
the diffusion of the export traffic, but
ADDED that the differentials conflict with
one of the great purposes of those seek
1 ing the kind of legislation that has
! been proposed to secure to each locality
1 its own particular rightful advantages
/ of location and thus avoid the prefer
ring in the making Of rates of one To-
I cality to the prejudice of another. IF
4 we invest the interstate commerce COM
mission with the power to make rates
! it must exercise that power subject to
this prohibition Of the constitution that
there shall be no preference for the ports
/ of one state over those Of another. The
whole system of differentials must IL.
consequence be abandoned.
mot only would the port of Boston be
/ closed up, but all the other ports would
/ be at least most seriously affected. The
generai business that could be taken
as well to one port as another under
/ present conditions would then concen-
4 trate at the most favored port.
Discussing the penalties provided by
the BILL he said they would amount to
/ s150, 900 per month, and declared that
/ the penalties prescribed are of such eX-
trene, cumulative and burdensome
+ chara cter as to deter carrier from re-
sorting to the courts, except only Where
either the case is entirely clear as TO
its final outcome or the consequences o.
an obeyance Of the order are OF sucn
bankrupting character as to make II
impossible. with due regard 10 the
/ rights of its creditors and stockholders,
+ for it to submit.
Court Review.
Mr. Foraker said that if the bill IS
to become a law it should contain a
court review provision. On that point
he said in part:
1 Fortunately some of the most m
portant of the questions to which at
I tentfon has been called can not pc
/ withheld from the courts, but the
1 mower to review the question as to
/ whether rate condemned or q rate
made by the commission Ia given
I case is reasonable is, unfortunately,
I not one of these. But be-
tween extortion on the one hand and
I cOnfiscatiOn on the other, there ls N
most cases a considerable latitude
/ within which the action of the COM
mission without special statutory pro-
/ vision for review of it by the courts,
would be final and conclusive
He then declared that little or no
legislation is needed, and that the
EIIxins law slightly amended is suffi-
/ cient if enforced. He pointed out
/ that the Hepburn bill does not deal
/ with rebates or prevent carriers from
] engaging in other kinds of business,
4 and that it does not enforce uniform
I classification nor deal with discrini-
/ nation as to localities. The senator
/ stated the bill had passed the house
I without comment, because. as the
i newspapers annoupced, the order
/ had gone forth that, while there
might be debate, no amendment-no
matter how necessary it might appear
/ should be allowed. The bill came
! to the senate and, SO far as the com
I mfttee~ is concerned. there has been q
1 repetition of that experience he said.
ITO even suggest" he added, that
the bill is filed with unconstitutional
/ provisions or that it will prove i'm
/ practicable in operation is heralded as
I a species of treason and disloyalty to
/ whom or to what nobody knows. The
/ whole proceeding is without precedent
in my experience and probably in the
history of the nation. If we are to
abdicate our functions and permit
such an imperfect, ill-advised and ill
considered bill to become a law, dis
credit will attach and disappointment
+ viii follow, not only to those who de-
sire such legislation as the house
cEmmittee suggested. but to all the
people
As to the President.
Mr.. Foraker concluded:
1t is not either easy or agreeable to
/ differ with the president. He is the
head for the time being, not only of the
/ nation. but also Of the political party
Of which I am proud to be a member.
I believe that the welfare of the nation
is most benefcially affected and pro-
NOTED by the supremacy of the Repub-
licsn policies. and on this account think
every man who believes in the policies
of that party should do all in his power
to secure harmony of purpose and unity
Of action among its members with re-
Spect to national affairs In this behalf
] he should be willing to make conces-
/ sions in minor matters; but when ques-
tions arise of such commanding import
/ ance as those now under consideration
/ IL is the duty of every man who has IN
T official responsibility to discharge with
/ respect to them to make careful inves-
/ tigation and then act in accordance with
/ the convictions he may reach as re-
suit. To the best of my ability I have
done that.
It dislike exceedingly, as every other
public man does. to be arraigned before
/ the country by unfrienEly critics as
I prompted by unworthy motives in the
sttitude assumed. and to suffer in con-
sequence in the esteem of the people.
It is far pleasanter to go with the tide
/ of public sentiment and enjoy the bene-