The daily morning journal and courier., 1907-08-20

ably expect a marked improvement Tn the conduct of the railways of the 
 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 of abuses which had grown up in period of tolerant prosperity. It was thought to be an effective cure of the arterial system of the country which had become poisoned by dishon esty, injustice and fraud. It was a great solace to the conscience of the country outraged by recent revelations Of railway and trust management. Passed at the instance of MT. Roose- welt, it stands as monument to the principle which he has necessarily 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 thsoe of the poor.
 Error of M-. Bryan as to Court Review
 in R=9a BilI.
 Mir. Bryan contends that the law was greatly weakened in authorizing, or recognizing judicial intervention to re- strain the orders of the commission. This criticism has not the slightest foundation. There can be no judicial appeal in the nature of a complete re- view on the merits from the commits sion to the Supreme court or to the circuit court of the United States, for the commission is not a court of first instance but only mere administra- tive tribunal The only power a federal court could vaHdly exercise would be to decide first whether the adrinis- tratlve tribunal had followed correctly the limitations upon it's course of ac- ton imposed by the act Of congress creating it, and second, whether it's or de. taken as an authorized expression Of the legislative power deprived the railroad company of its right, under the fourteenth amendment, to derive q fair profit from the use of its property. Whether the federal courts were ey- prtssly given this power in the law or not, they would have had 1t under thet general jQrisdiction If their power had not been recognized and a purpose of congress had been expressed to pre- vent an appeal to the courts, the law would have becn invalid. Tho extent ot the judicial remedy could not De e!thc, diminished or enlarged by congression- al action, with due regard to tha val idity of the act. Congress was wisa therefore, in not attempting Co deAnc what the court should or should not d3 and ia merely recognizing the right ol the companies to appeal to tho fedora corrts to test tho validity of the actiol of the commission. Eo victory wa! gained by either the conservative ol the radical party ia taIs regard.
 Importance Of CcaTts III [ Ualsolalng Con-
 sfitationaT Grarcntrcs
 By what 1 have said, however,
 would not for Q moment be thought tC favor any legislation which would ex cludl railroad companies or any on, olsc from ( recourse its' the courts |, protect them in their statutory ard con st!tutional rights The courts and espo cially the Supreme court of the Unite, States, are the part of our govornnen indispensable in making good thos suaranties of fife libarty, property ant the pursuit of happiness given in th constitution and placed there by tn peopla themselves to curb their owl nasty action under stress of sudden i'm pulse or with too little deliberatlon The administration of exact justice b, courts without fear or favor, unnovet by the influence of the wealthy or b, the threats of the demasogua is tn highest ideal that a government of tn people can strive for. and any mean by which a sutor however unpopula or poor is deprived of enjoying this i to be condemned It is important, how over, that appeals to judicial remedie should be limited in such a way tha parties will not use them merely to de lay and so clog efficient and just ex eeutive or legislative action
 New Amendments to thS Rate Bll -CIassifeatlon.
 The rate law does not go far enough The practice under it has already dis closed tho necessity for new amend ments and will doubtless suggest more Such is the true method--the emplrica and tentative method-of securin proper remedies for q new evil. Tn classification of merchandise for trans 1 portation is a most important matter i rate fixing, for by a transfer from on class to another, the rate is change
 and may work injustice. With tn power of rate fixing 1t would seen should go the power in the commissio to classify and to prescribe rules fo i uniform classification by all railroads. Amendment Needed to Prevent Owe 1 Capitalization.
 Recent revelations have emphasize Fthe pernicious effect Of the so-calle over-capitadzation of railroads whic aids interruptions stock manipulato1
 in disposing of railway securities $ unreasonably high prices to nnocer
 buyers This evil would not of itse justify federal restraint or control be cause such stock and bonds are usual l ly issued upder State charters rb practice, however, has a tendency |
 divert the money paid by the publi for the stock and bonds which ougf to be expended in improving the road
 bed, track and equipment of railway into the pockets of the dishonest man Lipulators and thus to pile such an UT profitable debt upon a railway as {