The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-01-23
CLAY DISCUSSES
RAILROAD RATES
Would Give the Power to the
Commission
PLATT AND DEPEW PRESENT
Both Are Congratulated In the Senate
and Upon the Appearance of
Their Being In Good
Health.
.PLATT AND DEPEW PRESENT


Washington, January 22.-The question
of regulating railroad rates occupied prac-
ticaly all of the time of the Senate TO-
day, Notwithstanding no bill with that
end in view has been reported from the
interstate commerce committee. The dis
cusslon of the subject was In connection
with Mr.. Clays speech, Messrs. Aldrieh,
Foraker, Bailey and Newlands being the
principal participants in addition TO MI
Clay himself
Mr. Clay advocated the passage of a
commerce commission power to regulate
rates when complained of, and said as
there was no legislation along that line,
the country might count upon agitation
of the question of government owner
ship In that connection ne referred to
the large vote given Mr. Hearst in the
late New York municipal election as an
indication of the popularity of municipal
ownership of the public utilities.
Mr.. Aldrich indicated a purpose to OPP
pose such legislation as that outlined
and declared that Mr.. Hearst was the
author of the proposition to confer the
rate-making power on the commission
He also took occasion TO declare that the
signs of the times point 10 the naming OIL
either Mr.. Hearst or Mr.. Bryan as the
next democratic presidential candidate,
but when pressed to Indicate the proba-
bilities in the republican party declined
to make a prediction, and also avoided
answering a query of Mr.. Bailey as to
whether the President would be candi-
date for a third term
Plat and Depew Present.
Senators Platt and Depew were in their
seats when the Senate convened TO-DAY,
the first appearance of either for some-
time. Both were given warm welcomes
and were heartily congratulated upon
their appearance of being in good health.
At the conclusion of the morning bust
ness, Mr.. Clay addressed the Senate on
his resolution relating to the government
al powers to Ak maximum future charges
by railroads.
Give Power to Commission.
Mr.. Clay supported the proposition
that the interstate commerce commission
should BIO permitted to regulate railroad
rates. He commended the railroad com
panes should not be interfered with in
the first instance in preparing their
schedules, but said that when these are
once promulgated, they should be body
with authority to modify and revise on
complaint. He took issue with state
ments made earlier In the session Mr..
Foraker In opposition to the constitution
al right of Congress to delegate its au-
thorty to regulate interstate commerce,
SAYING that on account of the vast num-
Der of complaints liable to arise 1t would
be impossible for Congress with Its other
pressing business to give anything like
adequate attention to them. Mr.. Clay
added:
IF Congress should remain in session
from year to year, devoting It's entire
time to this work, it would be impossible
TO pass on one-twentieth of these various
complaints filed by the American shippers
against the different railroad systems or
our country. l repeat, If Congress cannot
pass an act providing that all interstate
rates shall be reasonable and just, thus
fiving a standard and deiegating to the
commission the power to hear the facts
and carry out the legislative will of Con-
gress then the American people are at
the mercy of the railroads.
He declared himself friend of the
railroads, but said that because OF their
public character 1t is proper that they
should be compelled to furnish to the pub
lie transportation of persons and property
that is both reasonable and just, and pow
er ought to be lodged in an impartial
Intelligent and broad-minded tribunal to
pass on the differences between the rail-
roads and shippers and render substan-
tiaI Justice TO both. And" he added, If
Congress cannot exercise this power
through a commission, then am at a loss
to know how the people can expect proper
relief"
Laws Frequently Upheld.
He declared that the laws granting au-
thority to revise rates so as to 1nsure
Justice had been frequently unheld by
the courts "In these very cases" he
went on, cit was claimed that the legis-
latiVe power must be exercised by the
legislature itself and could not be dele
gated to any other body, but the courts
have uniformally held that where the leg
islature enacted that rates shall be rea-
sonable and just may be delegated to
commission. and that a grant OF such
power is not a delegation OF legislative
authority. If such laws enacted by the
legislatures of different states, having
been sustained as constitutional, why can
not Congress enact that all interstate
freight rates shall be reasonable and Just,
and leave to the interstate commerce
commission the right and power to inves-
tigate and find out what rate Will be
proper one. what rate will be just and
Impartial as between the shippers and
the roads,
After quoting many decisions in support
of his contention, Mr.. Clay analysed the
present law and said that It does not ar
ford adequate protection TO the shipper.
He said: Railroads can destroy towns.
cities and private industries by improper
rates. and who will say that power should
not be lodged somewhere to investigate
nteiligently the complaints solely with
view of doing justice between the ROADS
and the shippers? The presumption is that
an intelligent. broad-mnded commission
will be impartial and seek diligently 10
do justice to both sides. Why presume
that the commission will decide adversely
TO the roads? Why presume that narrow
minded partisans, easily Influenced by
public clamor, will be appointed to dis
charge this duty2
Hard to Find Men.
ut will not be a difficult task to Sc
cure honest. intelligent upright men to
perform this work, and no other kind
ought TO be appointed.
II would repeal the law creating the
commission unless the commission Is
clothed with the power both to investigate
and find what rates are reasonable and
impartial, and at the same time enforce
its findings 1t Is absurd to have an In
terstate commerce commission constantly
investigating the railroad rates, know
n o. "A Va re- ma " hA no