The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1906-01-24

question of regulating railroad rates
took practically all the time of the
senate today, Notwithstanding that
no bill with that end in view had
been reported. There was discus
sion on the subject in connection
with Senator Clay's speech, Senators
Aldrich, Bailey, Foraker and New
lands being the principal partici-
pants in addition to Senator Clay
himself, who supported such regu-
lation in the following speech:
Mr. Clay supported the proposition
that the interstate commerce COM
mission would be permitted to regu-
late railroad rates. He contended
that the railroad companies should
not be interfered with in the first
instance in preparing their sched-
ules, but said that when these are
once promulgated there should be a
body with authority to modify and
revise upon complaint. He took
issue with statements made earlier
in the session by Mr.. Foraker in OPP
position to the constitutional right
of congress to delegate its authority
TO regulate interstate commerce, say
ing that on account Of the vast num-
Der Of complaints liable to arise, it
would be impossible for congress
with other pressing business to give
anything like adequate attention to
them Mr. Clay added:
If congress should remain in ses-
sion from year to year, devoting its
entire time to this work. it would
be impossible to pass upon one
twentieth of those various com
plants filed by the American ship
pers against the different railroad
systems OF our country. I repeat, if
congress cannot pass an act provid-
ing that all jrtetest to rates sh1 II be
reasonable and just, thus fixing a
standard and delegating to the com
mission the power to hear the facts
and carry out the legislative will of
congress, then the American people
are at the mercy of the railroads"
He declared himself a friend of the
railroads, but said that because of
their public character it is proper
that they should be compelled to
finish to the public transportation of
persons and property that is both
reasonable and just, and power
ought to be lodged in an impartial,
intelligent and broadminded tribunal
to pass upon the differences between
the railroads and the shippers and
render substantial justice to both,
And" he added, If congress
cannot exercise this power through
a commission, then I am at a loss
10 know how the people can expect
proper relief"
He declared that the laws grant
ing authority to state commissions
to revise rates SO as 70 inure justice
had been frequently upheld by the
courts.
IN these very cases he went on,
It was claimed that the legislative
power must be exercised by the legis-
lature itself and could not be dele
gated to any other body but the
courts have uniformly held that
where the legislature enacted that
rates shall be reasonable and just,
the duty of executing this law and of
finding what rates are reasonable
and just may be delegated to a COM
mission and that grant of such
power is not a delegation of execu-
tive authority.
If such laws enacted by the legis-
latures of different laws have been
sustained as reasonable, why cannot
congress enact that all interstate
freight rates shall be reasonable
and just and leave to the interstate
commerce commission the right and
power to investigate and find out
what state will be a 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 laws and said that it
does not afford adequate protection
to the shippers. He said:
Railroads can destroy towns,
cities and private industries by i'm
proper rates and who will say
that power should not be lodged
somewhere to investigate intelligent