The sun., 1907-08-20

as they were when the rate bill was passed
the Elkns bill would not have passed sc
smoothly.
MARROW SCOPE or ELNINa BILL As COM
PARED WITH RATE hill
do not wish 10 decry the merits OF the
Elkins bill because, aside from its elimina-
tion OF imprisonment rs punishment. II s.
n most useful measure, but its scope In 40
narrow in respect OF the regulation OF rail
ways that IL cannot be compared In impor-
tance OF operation and effect TO the rate bill.
The increase by the rate bill in the powers
oil the commission in supervision, investiRa-
ton, rate fixing and effective order making
TO prevent discrimination is great. Elabo-
rate machinery for making IL difficult to vio-
late the law without discovery and for dis
covering violations when they exist and for
anordtng Affirmative and mandatory relief
in requiring railroads to furnish equal facii-
ties to all " found in the provisions OF the
new rate bill Criminal prosecutions will
| continue to be under the Elkins law, hut as
amended by the new rate bill. This Ia be-
cause the Elkins law, as amended, contains
the part OF the interstate commerce legisla-
tion which prescribes the punishment for
violations OF the law and 30, in ordinary
practice, comes into operation after the vio-
| Iations haev been discovered underline other
! provisions Of the rate bill.
IF THE RATE BILL IL INEFFECTIVE WHY SUCH
| RAILROAD oPPosfTIoNP
II the rate bill was likely TO be a failure
| and TO accomplish nothing in the regulation
| OF their business, the query naturally arises
why did the railroads spend so much money
! and so great effort to defeatitp Why was il,
| IL il had no effect, that in the interval be-
| tween the time OF its passage and its going
| into effect there were fled with the Inter
state Commerce Commission more notices
| of reduced rates by the railroads than ever
had been filed in the previous twenty years
! Of the life OF the interstate commerce law?
II Ia true that later on many rates were
properly raised by the railroads because
Of an increase in wages and other cost OF
maintenance; but l only cite the prompt
action OF the railways on the passage OF
the bill as a reSosnition by & them of OF the p,
creased power of the commission.
The rate law has not been in operation
a year and the beneficial results from its
operations, though clear, are not ready
TO be presented in statistical array. More
over. the chief benefit OF the act is likely
to be its influence in discouraging attempts
to renew the old abuses and such benefits
do not appear in statistics. The immediate
effect of the act has certainly been to compel
railroads to regard the commission now as
the important tribunal whose views they
must follow They are manifesting every
outward disposition strictly to comply with
the law and To avoid prosecution or COM
plant. The time has gone by in which
or laughed at. The commission itself has
taken up its duties with renewed energy.
has proceeded. without awaiting the inter-
vention of the railroads or the filing OF
complaints, to construe the act by admin
istrative rulings in order to assist the rail-
roads in complying with the law. With
the large powers for correcting evils which
the commission now has we may reasonably
expect a marked Improvement in the con-
duct of the railways of the country.
THE ATTITUDE OF THE COUNTRY TOWARD
THE RATE BILL.
The passage Of the bill was taken the
country over. and properly taken. as
most important step toward the suppress
sion of abuses which bad grown up in "A
period Of tolerant prosperity. II was
thought to be an effective cure OF the arterial
system Of the country which had become
poisoned by dishonesty, injustice and fraud.
IL was great solace to the conscience OF
the country outraged by recent revelations
Of railway and trust management. Passed
at the instance Of Mr. Roosevelt it stands
as monument to the principle which he
has necessarily maintained in speech and
action. that the laws must be so made that
they can be enforced as well against the
sins of the wealthy and the powerful as
against those Of the poor.
ERROR OF MR.. BRYAN AS TO COURT REVIEW |
IN RATE BILL.
Mr.. Bryan contends that the law was
greatly weakened in authorizing. or recog- |
nizing, judicial intervention to rest rain the |
orders of the commission. This criticism |
has not the slightest foundation. There /
can be no judicial appeal in the nature of a |
complete review on the merits from the ,
commission to the Supreme Court or TO the =
Circuit Court of the United States, for the I
commission is not a court Of first instance. [
but only mere administrative fribunal. .
The Aly power a Federal court could /
validly exercise would be TO decide first. /
whether the admlnist rative tribunal had
followed correctly the limitations upon its 4
course OF action imposed by the act of
Congress creating il: and secondly, whether
its order taken as an authorized expression
OF the legislative power deprived the rail-
road company Of its right, under the Four
teenth Amendment to derive a fair profit
from the use of its property. Whether
the Federal courts were expressly given
this power in the law or not, they would
have had it under their general jurisdiction.
II their power had not been recognized and
a purpose of Congress had been expressed
would have been invalid. The extent of |
the judicial remedy could not be either
or enlarged by Congressional
action, with due regard to the validity of
not attempting to define what the court
should or should not do, and in merely
the right Of the companies to
appeal TO the Federal courts to test the
validity OF the action OF the commission. |
No victory was gained by either the con-
servatve or the radical party in this re-
gard.
IMPORTANCE OF COURTS IN UNFOLDING CON-
srIrUTIoNAL GUARANTEES.
BY what l have said, however. | would not
'or a moment be thought to favor any legs-
alton which would exclude railroad com
)anies or any one else from a recourse to
he courts TO protect them in their statutory
md constitutional rights. The courts and
especially the Supreme Court Of the United
states. are the part Of our Government in
iispensable in making good those guarsn-
les Of life, liberty. property and the pursuit
II happiness given in the Constitution and
placed there by the people themselves 10 !
'urb their own hasty action under stress of
udden impulse or with too little delibera-
ion. The administration Of exact Justice
W courts without fear OF favor. unmoved by
he influence of the wealthy or by the
hreats of the demagogue. is the highest
deal that a government Of the people can
trive for, and any means by which a sutor.
Iowever unpopular or poor is deprived of
njoying this is to be condemned II is inn
'ortant. however. that appeals to judicial
emedies should be limited in such a way
hat parties will not use them merely to de-
~ and 30 clog efficient and just executive