Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-03-17
STUDENTS IN DEBATE
PUPILS OF SCHOOL OF Law,
GEORGETOWN UNIVERSITY.
Regulation of Railway Rates the Sab
ject Observation-Disclosures in
Favor of Negative.


cision OF the board of three judges, were
presented last evening against than in ia
Vor of the proposition that Congress should
regulate railroad rates through inter-
state commerce commission. The occasion
was a public debate between carefully Sc
lected students of the school of law of the
Georgetown University, held in CASTOR
Hail. in the university building. Henry ~.
McKenna OF Massachusetts and E. Gc-
Henry Gallaher of Maryland spoke against
the expediency of such regulation and won
the debate. Stephen s. Grogan of Wiscon-
sin and NJ. Lambert Igoe of Illinois went
down to discussional defeat before thei-
eastern friends in advocating such regula-
ton.
Rev. Edward l. Devett, S. j., professor of
metaphysics of the graduate school,
Georgetown University; Mr. Stuart McNa-
mara. assistant United States attorney for
the District of Columbia, and Mr.. Conrad
II. Syme of the local bar served as judges.
The decision was announced by Mr.. Me-
Namara. Frank P. Jenal of Nebraska, pres
ident of the debating society of the
Georgetown Law Society, under whose aus
pieces the debate was held. presided. The
university orchestra added to the pleasure
of the evening by the rendition of numer-
Gus selections.
The question discussed affirmed THAT it
is expedient for Congress. under its power
to regulate foreign and interstate con-
merce, to prescribe interstate railway rates,
to be regulated through the agency of
commission
Opened for Affirmative.
Stephen S. Grogan opened the debate.
speaking for the affirmative. He advanced
many arguments In favor of regulation of
rates. Such regulation. he said, was not
new thing, thirty-four states of the
Union now have It, and the interstate COM
L., hit
along that line. But they have failed to
meet the evils, due to the discrin,na tons
allowed by the railroads, the private car
lines, the terminal railroads and the like.
The idea of regulating railroads Is no.
wrong, it was argued, because they per
form a public function, like the insurance
companies, the national banks and ether
similar institutions which are being regu-
lated.
In opening the discussion for the negative
Mr.. Henry c. McKenna outlined the four
main reasons against regula tion-hrst, that
1t was not necessary; second. that 1t is in.-
practicable; third 1t is unjust, and, fourth,
it is unconstitutional He devoted the
greater portion of his time to proving the
first TWO The speaker maintained that the
rates in the country are reasonable III
themselves and relatively, because they
were two and one-half times higher in 1870
than now, because the interstate commerce
commission since its establishment in 1887
has declared only twenty-siX rates unreal
sonable, and not one of them has been
found so in the courts, because the average
dividends ON railroad stocks is only 81 per
cent, and because the rates in this country
are only about one-haif what they are IN
European countries. The remedy Is tCo
drastic, Mr.. Mckenna claimed Give us a
system, he said, that improves one tina
gives half the rates of other countries at d
pays its employees twice as much. The plan
has been tried in other countries, he said,
and failed.
Mr.. M lambert aft Vp
that the history of the railroads
in this country had been filled with success
and with criminal practices. The investiga-
tons of the Cullom committee resulted in
the interstate commerce law in lsS- TO
remedy some of the conditions found to OK
list by the committee. But moe rover is
needed to regulate rates. Half the states
he said, have rate regulation, and 10 bank
ruptcy, as claimed by the negative, las re-
suited The comparison with European
roads, the speaker added, was unfair, be
cause they are nearly all under government
owne; ship and have different conditions.
Unconstitutionality Alleged.
In closing for the negative, Mr.. E. Nc
Henry Gallaher gave reasons why the plan
is unjust and is unconstitutional 1t is un-
just to the people he urged, because tie
small lines owned by small investors vii;
suffer from reductions in rates sooner than
strong lines. owned by magnates. When tie
IL les Oh the ldllTDdU are IeuGCSU, re Sdluy
the steel trust and other shippers will not
reduce their prices, and thus the people
will not reap the benefits. And to meet the
reduced rates the railroads will reduce the
pay of their 100000 employees. 1t is I'M
just to the railroads. also, it was added.
Shall we take the control of rates, Mr..
Gallaher asked, from the hands Of the men
who by pluck, by endurance and by achen
ing have covered this land with a network
of rails for public use, and give it to a
body of men unfamiliar with rates and with
local conditions which govern rates."
He maintained that the pan violated the
fifth amendment to the Constitution which
provides that no person shall be deprived Of
his right to property without due process Of
law. The speaker further stated that the
commission to regulate rates must exerc 81
Il judicial authority in pronouncing a rate
unreasonable, a legislative right in fixing
the reasonable rate, and an executive func-
ton In putting the rate into effect, none o.
which functions the commission has d right
to exercise.
Mr.. Grogan closed for the affirmative with
a reDuttal speech. He quoted Justice
Brewer in supporting the consttutiOnality
of a rate-Tegulation law, and answered
other arguments advanced by the negative.
Tht<Aldges will certify to the faculty. the
name II the speaker who in their opinion
did the best work last evening and he will
be rewarded with a gold medal. The name
of the winner will be withheld, however
until the graduation exercises at the c.ose
of the present scholastic year. and the pres
entation will not occur until that time The
medal is OF those provided by he
Georgetown Law School faculty tor excel
lpnce in debate