Omaha daily bee., 1906-03-08

governments. federal and state to regu-
late commerce IS at almost every step an
of the power of a court of
equity to entertain and the right of a
citizen to be heard in a suit based upon the
alleged unlawful deprivation OF property
As to Reasona bIeness of Rates.
The further objection. however, is maze
mat there is a broad distinction between
the line which marks the reasona bleness or
rate inNlts reduction ana the point OF
connscatIon, but II should be remembered
that congress only has right to reduce "a
rate TO "A reasonable point. Down to that
point the rate Is the property or the snip
per below that point IT is the property of
the carrier And, while there might be q
vast difference OF opinion as TO wncre the
point OF rcasOnab enesS rested as legal
proposition, the point marks the property
line between the carrier and the pubic
More than that, the law by express terms
only allows the commission TO go to that
point-to reduce rate below that point
would he not only to invade the property
rights OF the carrier, but II would be in
excess OF the authority of the commission
and the courts have frequently used the
word reasonable as defining the extent
Of their inquiry wnen the complaint has
been made that the rate nxeu was de-
structive OF property rights.
Upon the provision OF the bill giving the
commission authority over the rates OF
connecting roads, the senator said:
One of the objections to the bill is that
this is an attempt To make contract Tor
two roads where the carriers themselves
refuse to contract. The fact ~ that ~ Is
not an attempt to make contract, put Is
an attempt 10 impose a condition where
certain obligations exist hut the parties
upon whom the obligations rest refuse to
settle the conditions OF their performance.
IL 1t were not possible to authorize the
commission in this respect, u carrier, by
refusing to make through rate, could de-
feat the very purpose OF the law, whlch Is
to regulate interstate commerce.
Instance Not Uniaue.
The proposed provision is not the only in
stance where conditions arrived at against
the will OF the parties take the place ot "A
contract between the parties. In the very
inception of the carriers existence, IT UNI
able to make contract with the land
| owner over whose premises the road il 10
be built, provision is made for obtaining
at the hands OF the law a condition winch
stands in the place OF contract where
the carrier and the land owner are unable
TO agree. the carrier, obtaining It's char
ter under the state law, Is, nevertheless,
bound by the power vested in the federal
governn ent u regulate interstate traffic.
1T Is not claimed that this lazy Is per-
feet" Mr.. Clapp concluded. 1T would be
idle 10 claim perfection for any piece of
legislation dealing with these great issues.
The bill aims. m the interest of all, carrier
and shipper. to provide "a certain means OF
arriving at a reasonable rate and securing
It's enforcement With allNpromptpess con-
| sistent with the interests OF al. under
those principles of American law which
cover all classes and conditions"
Question by MIR. TiIIman.
When Mr.. Clapp concluded his regular
address he was questioned by Mr.. Till
man as to his construction OF the thirty
day provision in the rate bill and the brief
coIIoquy that ensued caused great deal
! OF interest.
Mr. Tillman asked Mr.. Clapp II he in
| terpreted the hill to mean that any circuit
\ Judge OF district Judge upon complaint
| could suspend the order OF the commission
until litigation was completed and Mi
! Clapp replied: No, not in a thousand
years +"
| He added that what he said was: Where
/ the court suspended this order pendentf
| lite Il only operates as the expression OF
the purpose of the court but in view OF
I the language, unless the same shall bt
suspended also operated as the purpose
and will of the legislature to its not beine
| in fact yet suspended, and consequently
the carrier obtaining this temporary re-
| straining order would not be liable for the
penalty OF sS.0to day in tue meantime, II
the restraining order was finally vacated
This statement OF the Minnesota sen
ator's position bad the effect of elicitinl
the following from the South Carolinian
| IF" ne said. "the penalty OF SEQ a da,
Is suspended by an order of the cOur
pending the Litigation. where is Jour pun
ishmvnt 10 compel the carrier ever L