West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1906-04-12
NUMBER "a
ABOUT RAILROAD CONTROL
Equal Justice 10 the People and
Railroads.
DEMOCRATIC PLAN SET FORTH
Republicans Invited 20 Join In Making
the Hepburn Bill Enectlye-The
Shippers Must be Protected From
the Laws Delays.

That was a most interesting de-
bate on the railroad regulation
Oil which occurred in the Senate
on March a7, in which Senator
Bailey of Texas outlined policy
for the Democrats on what Senator
illlman termed the spinal cord
OF this whole question" Senator
Bailey stated that when rate is
once established by the Interstate
Commerce Commission, oft is not
unreasonable to require that that
rate shall remain in force until the
question has been thoroughly de.
termlned upon its merits 10y the
court, TO say that rate estab.
lished by a commission Of men
supposed to be especially fit for
performance of that duty shall be
set aside by Judge who may know
everything about the law, but may
know very little about the Justice
OF a railroad rate. Is to my mind,
conceding more than Congress is
under the necessity of conceding so
what are called "tbe inherent equity
powers Of the court"
But Senator Bailey cinched his
contention by saying that 'In view
OF the fact that IN most Of the States
in the Union when the railroad
comes to take the citizens property
and they disagree about the price
which shall be paid, the carrier is
authorized to apply to the court for
the appointment of commission,
and when that commission assesses
the value of the property actually
taken and the damages to the re-
malnder of the tract the carrier can
deposit the assessment with the
court and appropriate the citizens
property to Its use, it seems to me
we are not asking too much, when
the citizen is compelled to apply TO
the Commission to assess the value
OF the carriers service to permit
the citizen to have il at the value
assessed by commission, lust as
the railroad was permitted to take
the citizens property at the value
assessed by commission.
at does not seem TO me that
there is any difference in pinciple,
and / suggest TO the Senator from
Minnesota that we all agree upon
an amendment which provides
against the suspension OF rates by
interlocutory decree and then in
justice To the carrier-becaus /
want to be just to the railroad as
well as ] do to the shipper
expedite the decision. / have never
seen the hour when l would consent
TO close the doors of the courts of
this country to any person nor
have ! ever seen the time that I
wanted to otstruct the free and
open access OF every man to the
courts Of this country for the pro-
lection OF his property rights. But
opening the doors as wide 10 the
railroads as to the shipper-and l
want them to stand equally open
and as widely open tn one as to the
other-still it seems to me that we
should provide tor the rate estab-
lished by the Commission to remain
in effect until finally suspended by
the court upon a full investigation
into the merits Of the case, and
provide that when this suit shall be
instituted it shall have precedence
over every other case on the docket
Of different nature, first in the
court to which it might he appealed.
When that is done there can be no
serious delay in the final adjudica.
ton Of the case upon its merits"
That should appeal to everyone
as a fair proposition and il the Re-
publicans are really in earnest to
exact a law that will protect the
ghiDDers from unrfaeona bic rsfce
and prevent the railroads from
taking advantage Of the laws delay
they will Join Senator Bailey, as he
invited them to in perfeeting and
voting for such an amendment to
the Hepburn bill as will ensure
reliet because it will stand the con.
siitutional test, that the Supreme
Court must eventually decide.
A rural school in this county had
/ a pretty girl for its teacher. but she