The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-04-11

/. where The statute deprlves the carriei
I ,of its riRht 10 Judicial investigation
| NV tlue process Of Law, tiider the forms
and with the machinery provided %
| the wisdom Of successive nges for tht
| Investigation judiclally Of the truth q
| the matter IN controversy y co MI y
With the Constitution of the United
I states Ks /. d y,
ut Ia not possible TO f1nd In the hil
! n. sinela word comforting jurisdiction
upon any court to entertain a suit Of
| anr marty aegrieved BY any order OF
| Tho commission, Although the commits.
| sion is given power I'd SUE In several
cases. IN no case Is 1t made subject to
suit. It may SUE to enforce It's order :,
but the parties bound BY the order can
ONLY deny the fact that The order was
regularly made.
,'How can Il commission administering
n law OF Congress be r.i1d without the
consent Of Congress-? What Interest has
IL In and order after It Is n1nde? How
can n case or controversy exist between
It and carrier after It has per-
formed It's duties under the act?
II It Is replied that It ls tnc
commissions duty to enforce Us
orders By proceedings III court, my att
swer is that It is not duty under IN.
terms of the Bill, but a discretion. ana
In such proceedings It Is bit n nominal
party. Indeed. II is not necessary for II
to be party ut ALL as the right 20
enforce the order Is expressly given 70
The commission. or any party Injured
through It's dlsobedience. and the Dill en-
nressly nrovdes that the merits of tho
order cannot be tried IN such proceed
ings."
Later on in his argument Senator Knox
made the point that even admitting there
was a right on the part OF the courts
To review the findings Of the commits
sion vet the means for bringing sucl re-
view to the attention OF the court would
require the carriers to expose themselves
TO such severe penalties for non-conpli-
ance with the orders Of the commission
MS to practically make such review I'M
possible.
"1f." said Senator Knox. in substance,
q, court Of equity would hold the order.
of the commission Illegal ana II the
carriers were to refuse to carry out such
order. and thereupon be sued for penal
tics for such failure, how could the md
ing of n court Of equity that the ordef
wns illegal be set up Els defense IN
court OF law unless the original order,
of the commission can be gotten rld Of?
an conclusion, It seems Inevitable that
unless some special measure OF procedure
\, provided for In the act which VIII
afford to carrier the right to nave an
nrdor of the commission effectively re-
viewed and dealt with ~ the courts. ~.
remedy Is available
In the course of his argument. senator
Knox characterized the Hepburn BIZ as
"a measure which permits an adrnin,stra--
five body to make orders affecting prop
nrtv rights. gives no right to the owners
of nrouerty to test their lawfuness IN
tho courts in a direct proceeding. denies
the right to challenge their laWtulhess IN
proceedings to enforce them, ana penal
Yes the owners Of property IN the sum
~ * on0 q day If It seeks A supposed REM
cdv outside OF the provisions Of the nlli
bv challenging either its constitu,onal'ty
mr. the lawfulncss of the act performed
under it's provisions.
Such an opinion naturally led senator
,,nox "a believe that the law was uncon-
stitutional Advlces from Washington ap-
parently, bear out the same opinion ana
there. lis but slight expectation OF any
ronclrs lon being reached. on this question
within the next thirty days Senator
1<nox q crees with Mr.. Roosevelt, Repre-
sentative Hepburn, Senator ii''''t''' CIV
the many other supporters Of the prn-
ciple of railroad regulation In believing
that a commission should have the power
to declare what shall be Just, fairly
rcmnnerativc and reasonable rate. but
for the reasons above stated he has re-
fused to support the Hepburn Dill.
In the meantime the public is following
with profound interest the mastery arEu-
ments on this question and again the
value Of intelligent, temperate and force
full debate Is being sgnalizcd. The SEN
oto NAV he the stronghold OF the trusts.
but it will assuredy render great pubic
service II, as the result of its debates,
a law is enacted that will be reasonahle
and constitutional