Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-01-24


leans. such extraordinary privileges "a
the right OF eminent domain, all these
grants and concessions can only be
justified on the ground that the re-
cipient IL engaged In a public service
and hence Justly subject 10 government
control. In return far all this public
assistance the railways are under OBJ
liga ton 10 furnish transportation at
reasonable rates and on equal terms To
all. When this obligation Is ignored
they must expect government interfer-
cree.
The American people asserted the
right to fix railway rates as early as
1873 when states began vesting such
power, with respect to rates within the
states, In commissions. In 1887 the
federal government, IN response 10 a
very general popular demand, passed
an act TO regulate commerce between
states. which declared unjust and un-
reasonable rates prohibited and unIaw-
ful. The enforcement Of this law. af-
Ter thorough Investigation. was In
structed to a commission. When the
commission discovered rate which in
vestigation proved unjust IL found that
the only way to enforce a lust rate
was to fix such a rate to take the place
OF the unlawful one. To this extent
the commission exercised rate fixing
power unchallenged for nearly 10 wears,
IN 1897, however, the supreme court
decided that this power to AK lust
rate had not yet been conferred by
Congress upon the commission. Since
inns decision the commission may In
vestigate complaints and find unjust
rates but may not AK the lust rate.
ana cannot, therefore, enforce the law,
QUOTES PRESIDENT ROOSEVELT
The rate making power which we
propose to put In the hands OF the COM
mission Is the same as It exercised
successfully for ten years. The prom
osition Is clearly set forth In the pres
dents message OF Dec. 6. 1904. i'm these
words. The Interstate Commerce.
commission should be vested with tho
power where given rate has been
challenged and after full hearing found
to be unreasonable, 10 decide. subject
to judicial review what shall be
reasonable rate to take It's place"
Neither the president nor anyone else
proposes to confer any general rate
making power on this commission.
The making of rates In the first In
stance remains with the carriers. In
general way they VIII be as free TO
ent law, but we shall then have a gov
eminent tribunal with the requisite
power 10 step in and counteract the
ABNORMAL adjustment Of rates due to
monopolies. unlawful agreements. ana
trdst faVoritism. Since economic rates
are not the rates complained OF and
VIII continue without Interference
there is no danger OF disturbing natu-
raj economic and commercial relations.
Moreover We believe that most rail-
ways try to be honest but no one viii
deny that there are INSCRIPTIONS and
unprncipled railroad men, nor that
these force honest competitors not in.
frequently to ignore the law. Now
since our plan simply operates against
breaking a law which the railroads do
not find In any way unjust IL should
be regarded as boon TO honest car
riers.
The affirmative has held then. first,
that the enormous evils which are on
pressing the American people and re-
straining their trade consists. first. I'm
extortionate rates, and second I'm dis
criminative rates. Second. These
evils. resulting from the operation OF
abnormal and artificial forces in rate
adjustment demand a remedy; and
third-that the remedy proposed sim
ply gives TO the government tribunal
now ntrusted with the enforcement OF
the law. the requisite power for the
performance of its duty.
ADDITIONAL PROOF.
The Affirmative still proposes to
prove to you.
First, that there Is at present no ef-
fective remedy for the evils which we
have pointed out.
Second, that the plan we have placed
before you would be an effective REM
edy,
Third that our plan is practicable,
Fourth, that no serious evils will ac-
company It's operation.
Now. ladies and gentlemen. II cannot
be denied that the evils today nre tre-
mend0us. They are rapidly becoming
worse. A remedy is imperative
Though the application OF this REM
edy were a task many times az great
we should still have no justification
for bending our necks TO the yoke OF
injustice and oppression
NEGATIVE OPENS,
Arthur f.. Nafe, the first speaker for
the negative followed. He argued with
his opponent that a change was badly
needed both from the standpoint OF the
public and the railroads, but not In the
manner proposed. He asserted that
the affirmative must show that there
are evils that can be remedied by their
measure, and show that their remedy
did not contain more evils than those
which already exist. Above all the af-
firmatlye must show that Its remedy
is safe. He asserted that the proposed
scheme OF the Affirmative was unoon-
sttutonal and In order 10 cllnch this
statement quoted legal authority. The
argument OF the affirmative regarding
the effectiveness of any meXimum rate
had long since been exploded and this
would never do away with discrimina-
tlon. The power TO fix rates was leg
islative one, he affirmed, and the COM
mission SO doing would exercise ju-
dlcial power. TIE asserted that It was
unconstitutional for any body OF men
TO act as detective, prosecutor. Judge
and adjustor. The power of the Kan
sas board IN this connection, he said,
had been declared unconstitutional.
THE affirmative made the statement
that the commission for 10 years had
fixed rates. but In every case wherein