The Pensacola journal., 1907-05-01
Says Railroad is a Public
Highway, Operated by
Permission of Public.
IN STRONG LETTER TO HOUSE OF
REPRESENTATIVES, PROBABLE
CONGRESSIONAL CANDIDATE
DEFINES POSITION ON IMPORT.
ANT QUESTION.
Special to The JournaI.

Tallahassee, April 3O-In his letter
to the house yesterday. Hon. J. Wal
ter Kehoe, who is generally regarded
as a, candidate for the seat now held
by Representative w. B. Lamar in
congress, made himself very plain on
the railroad regulation question. Mr..
Kehoe's letter was as follows:
MIR. Kehoe's Letter.
April 26. 1907.
Hon. z. S. Matthews, speaker of the
house of representatives, TaIla-
hassee, Fla.
My Dear Sir:
I beg to acknowledge receipt from
Hon. J. G. KeIlum, chief clerk of the
house of representatives, of a copy
of the resolutions adopted by thai
body, April "a, 1907, inviting Hon.
w 3. Lamar and myself to addTe IS
the house of Representatives at eight
p. m, May 1st, 1907, upon the all i'm
pOrtant subject of the Interstate
Commerce Commission"
This invitation is a great compli-
ment to me and l desire to express
to you and the honorable body over
which you preside, my most sincere
thanks and deep appreciation for the
honor conferred, and | assure you that
it would afford me genuine pleasure
to discuss the question of interstate
commerce and the Interstate Com
merce Commission, before the house
of Representatives but | am forced to
decline the invitation for the reason
that the circuit court of the First
judicial circuit, of which | am state
attorney, convenes at DeFuniak
Springs, Walton county, on Monday,
the 29th inst, and there is an un-
usually large docket of state cases for
trial and for examination by the grand
jury, including five persons held upon
the charge of murder.
For me to come to Tallahassee at
the time named in the resolution
would necessttate my neglecting some
of the duties which l. as state attor-
ney, have sworn 10 faithfully perform.
Therefore, much as l would like to
accept the invitation and avail myself
of the privilege so generously extend
ed by your body, | must, in justice to
the state and my obligations as an
officer of the state. give my first at
tentiOn to the discharge of the duties
of that office.
I have always believed in the now
thoroughly established principle that
public service corporations, and eS-
peciaHy common carriers of paSsen-
!gers and of freight, are subject to
regulation by the federal government
and by the several state governments,
within their respective spheres.
The time has long since gone by
when any railroad corporation can
claim exemption from the control
which the state and federal govern
mentS should Tightfully have, and to
have, over the public highways of the
country. A railroad is a public high
way, operating by special permit of
the public, and it should be treated as
such. The mere fact that it repre-
sents an investment of private capital
does not relieve it from the same con-
troll which the public has always held
over its public highways.
Accepting, then, the principle that
the public has the right to control
and to regulate the operation of these
common carriers, it can and should
exercise it's authority both in the en-
forcement of proper service and of
reasonable rate for such service.
The government right and duty to
enforce both of these is in my judg-
ment unquestionable. and | am in
favor of giving both the state and the
Interstate Commerce Commissions
ali the power necessary to effect this
end.
am not prepared to say just
where the line should be drawn be
tween the state and federal powers.
as related TO the regulation of these
common carriers, to produce the best
results, but | favor legislation by the
general government which will give
10 the states larger power for correct
ing abuses within their own borders
| am glad to know that the Florida
Legislature, as well as the law-making
bodies of ether southern states. is
taking an advanced and aggressive
stand on this great subject | as
sure you Jnet any legislation which
this body may enact looking TO the
regulation of Doth service and rate of
the common carriers within the state.
and any memorial to the same effect.
as regards interstate commerce. which
you may address to congress, will
have my hearty approval and sup
port.
Again thanking you and the mem
hers of Tbf bOITSo n ranrCC nI,l q rivpC