Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-01-22
CAN DELEGATE POWER
Senator Clay on the Constitute
tional Right of Congress.
RAILWAY RATE QUESTION:
Precedent Established in the States
Upheld by Courts.
TAKES ISSUE WITH FORAKER
Warns His Hearers of Possible Growth
in the Agitation for Gov
ernment Ownership. Z
RAIL WAY RATE QUESTION:
TAKES ISSUE WITH FORAKER

AT the close of the morning business toe.
day Mr. Clay addressed the Senate on nis-
resolution relating to the governmental
power to fix maximum future charges py-
railroads
Mr.. Clay supported the proposition thar.l
the interstate commerce commission shouIfi
DC permitted to regulate railroad rates. IIed
ccntended that the railroad companiess
should not be interfered with. in the first
instance, in preparing the schedules. our1
saio that when these are once promuIga ted |
there should be body with authority To.
modify and revise upon complaint Hes
took issue with statements made earlier.
IN the session by Mr.. Foraker in opposi-
ton to the constitutional right of Congress
10 delegate Its authority to regulate inter-.
state commerce, saying that on account.
OF the vast number of complaints likely to-
arise, 1t would be impossible for Congress-
with its other pressing business to give
ans'tIhg M. in IKE adequate attention to them.j
Mr.; Clay added: IF Congress should re-
main In session from year to year devote
Ing Its entire time to this work II worlsf
De impossible to pass upon one-twentietn
OIL these various complaints fled by the
American shippers against different railA
road systems of our country"
The Constitutional Question.
Il repeat. If Congress can not mass an
act providing that all interstate rates sha.t
be reasonable and Just, thus fixing a stand.
ard and lelegating to the commission tina
power TO hear the facts and carry out tha
legislative will of Congress, then the Amer.
ican people are at the mercy of the rail-
roads,"
He declared himself friend of the rail.
roads, but said because of their public
character 1t is proper that they should
be compelled to furnish to the public trans-
portation of persons and property that is
n QEsaril lt1t
to be lodged in an impartial intelligent
and broad-minded tribune to pass upon tha
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 am at a loss to know how the people
can expect proper relief"
He declared that the laws granting an
thorfty to state commissions to revise rates
so as to insure justice had been frequentIy
upheld by the courts. I'm these very cases."
he went on, 1T was claimed that the legis.
lative power must be exercised by the leg
islature itself and could not be delegated
to any other body, but the courts have uni-
fornly held that where the legislature en-.
acted 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 commission, and
that a grant of such power is not delegaS
ton of legislative authority. II such laws.
enacted by the legislatures of different
states have been sustained as constitutions
al, why cannot congress enact that all In
terstate freight rates shall be reasonable
and just and leave to the interstate com-
merce commission the right and power to
investigate and tlrd out what rate will be-
a proper one, what rate will be just and
impartial as between the shippers and tne
roads?"
Power of the Railways
After quoting many decisions in support
Of his contention, Mr.. Clay analyzed thei
present law and said that 1t does not afford;
adequate protection to the shipper. Hai
said:
Railroads can destroy towns cities and
private industries by improper rates, andi
who will say power should not be lodgedS
somewhere to investigate intelligently alt
complaints, solely with a view of doing
Justice between the roads and the shippers2
The presumption is that an intelligenti
broad-minded commission will be impartial
and seek diligently to do justice to both
sides Why presume that the commission
will decide adversely to the roads? Why
presume that narrow-minded parrisans,
easily influenced by public clamor, will be-
appointed to discharge this duty? 1t will
not be difficult task to secure honest In
telligent, upright men to perform this work,
and no other kind ought to be appointed
II would repeal the law creating the COM.
mission unless the commission is clothed
with the power both to investigate ana
find what rates are reasonable and inn
partial and at the same time enforce Its
findings 1t is absurd to have an Inter-
yestigating the railroad rates, knowing ae
the same time whatever may be the ind
ings of the commission in regard to rates,
the commission is without power 10 enforce
any of its findings. The people want a COM
mission clothed with the power to find and
fix proper and reasonable rate and to put
that rate in operation. Otherwise the COM
mission is useless. American people pay
nearly 5000, 100000 for freight
and passenger fares, and yet the shlpperi
is at the mercy of the carrier. However,
unjust and unrea sonable the rate may be-
the shipper is without remedy. he has no
tribunal clothed with the power to hear his
complaints.
Government Ownership.
Mr.. Clay hinted at the possibility Of an
agitation of the question of governmens
ownership of the railroads II attention Is
not given to the demand for regulation.
saying:
.The sentiment has been growing in favor.
of government ownership. Mr.. Hearst came
within a few thousand votes of being elect
esf rnavor of the city of New York in th0
la st election for mayor in that great city.
/ have never been follower of Mr.. Hearst.
Who had the remotest Idea of the strong
Following which he developed In that race?
II was not the man, ii was the PLATFORM
on which he made his race-goyernmcnft
ownership. do not believe in government
ownership of railroads. I recognize the
fact that the vast number of employees en-.
gagged in the work of operating and build
ing these roads would be largely under the
influence of the party in power in controt
of the government. Such power weuid en-
able the party in control of the government
to hold it for all time TO come. The only
way to turn public attention from public
control is government regulation by law
During his speech Mr.. Aldrtch asked Mr..
CLAY If complaints would increase or de-
crease IL the power TO fix rates were given
to the commission. The opinion was ex-
pressed by Mr. Clay that If the power were
given to the commission a majority OF dis
putes would he settled by shippers and the
roads and complaints would therefore be
diminis shed in number.
At o. clock the merchant marine bill was
laid before the Senate, and Mr. Gallinger
asked the Senate to agree to vote On the