Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-02-20
The Courts and Rate Making.

In railroad rate making the broad ques-
tion whether there shall or shall not be an
appeal to the courts is not the only vital
issue. Some measure OF the appeal right Is
assured In any case. Lawyers of the first
class declare that the Hepburn bill provides
that remedy on the allegation by the rail-
roads that the rate fixed by the commission
IS conhscatory and unconstitutional. In
fact, IL we may accept opinions that widely
influence discussions Of legal matters in
this country. no bill. no matter what its
source could be drawn to exclude that
remedy. 1t inheres in our governmental
system and in one way or another is open
to railroads as to other creatures of the
law
The important question is. What kind of
appeal to the courts shall be granted? Upon
what grounds may it be exercised. and
what effect shall the appeal have upon the
decision Of the commission that is appealed
from? Shall the commission rate be oper-
alive pending appeal. or be suspended?
Shall that appeal be in the form of
obtaining justice, or for the purposes
of obstruction2 In other words, shall
the commission charged with the power
upon complaint of halting and over
ruling rate be a mere challenger, from
whose action a sweeping appeal on law.
figures and evidence viii at once lie. every
thing coming to a standstill until the court
or courts decide the case. or shall the COM
missions action have in some measure, and
a large measure, a force of its own where
by relief is obtained promptly?
one may see how the judicial review upon
an appeal might be worked practically to a
notification of the law, unless care be
taken to prevent it in the framing of the
law. 1t would only be necessary to null
tiply the complaints and the appeals to con-
gest the dockets of the courts and make
prompt action by them impossible. The
railroads for the purpose of breaking down
the law could afford to frame their tariffs
In part for the encouragement of COM
plants, and then point to the swamped con-
dition of the courts as evidence that the
law had failed. The courts already are
crowded with business. and some of them
overcrowded.
The people want quick and uniform ad-
1ustment of reasonable rates and are con-
WINGED that in order to secure this result
large powers, not infringing any constitu-
tlonal rights, must be given to a special
tribunal. on the other hand these Is no
disposition TO strain the Constitution
against the railroads or to injure their ma
who advocate public ownership of rail-
roads want these properties crippled
or broken down. Besides, the railroads
are not to be considered as sheep In
danger Of wolves. They are powerful or
CARNATIONS, and have in their employ. ready
for this and every emergency, the pick of
the American bar outside Of official station.
How little like sheep the railroads are will
soon appear.
Congress should make a good start IN this
matter in the interests of everybody. But
& too little Is done. OF mistake is made
there is comfort in the reflection that the
question will still be open to further Iegis-
Iation. The railroads have abused their
powers, and the people demand relief, and
# one Congress fails down with the task
of affording relief, another viii confront
and be forced to deal with, the same prop
ositiOv