Daily press. [volume] (Newport News, Va.) 1896-current, 1907-09-05
THURSDAY. SEPTEMBER 8, 1907.
INTERSTATE COMMERCE COM
MISSIONS FUTURE.

Ono OF the most interesting papers
read before the American bar Asso-
citation Mt Portland Me. was that
contributed by Mr. Charles A. Prouty,
of the Federal Interstate Commerce
Commission when was read before
the association By Judge William H..
Stake. of Philadelphia. II was do
clared In this paper that the most
important social question before tho
country today Ia tho regulation of
Its railways; that for the last Two
years II has oeen the foremost politi-
cal issue, md that II probably win
occupy that place until settled The
railways have come TO bc the prlnci-
pnl meAns CT physical commnnica-
+ ton and have como to take the place
of public highways. hut, MIR. irouty
says. these highways, while pubic In
use, are private In ownership. and
tho capital invested In them has been
put there upon the understanding that
and while the government must pro-
tect the citizen IN the use of these
avenues of transportation, II must
also protect the individual In the en-
joymcnt of his property. This much
Is Obvious to all. What is not al
ways SO clearly unprecedented, the
commissioner continues, IL the dan
ger of lettering capital from seeking
A., To, 30 q
If the demands upon the railways are
to be met. enormous sums must be
expended In extensions and improve.
mcnts, and these expenditures can
not be made out of earnings, but must
come largely from now money drawn
from the investing nuollc. Every sys.
TEN of regulation, therefore. should
assure capital of just treatment,
Attention is directed by Mr.. Prouty
to the fact that under the present law
the commission is charged with two
sets of duties requiring diverse quail
ifications for their discharge. In the
first place it stands as the representa-
tive OF the government to take care
that the highways over which IL has
jurisdiction are IN fact public. to en-
force the provisions of ho Interstate
commerce law. and to see that rates
are reasonable and just; that the prac-
tices and regulations of railways are
not oppressive, and that tho penalties
provided by the act are enforced. In
the near future. in his view. lis powers
must be extended to the operation of
the railways as well. These duties arc
largely executive and can best be dis.
] charged by single head, responsible
10 tho executive and answerable TO
the spur of popular criticism. In the
second place the commission is a
judicial tribunal which hears and de-
cides complaints. The qualifications
of such body are the exact opposite
of the other. ITS membership should
be numerous. so that its decisions
may he the result of the action of
independent minds; it should be en-.
tirely Withdrawn from all political
and personal influences, and II should
have time for the deliberate considera-
ton OF the matters coming before it.
Regarding these divergent functions
OF the Interstate Commerce Commits
sion, AIR. Prouty suggests that while
the orders of that body were unim.
portant and subject to review in the
courts. the union of these functions
may have been well enough. but that
2 different question Is presented with
the extension of its jurisdiction and
8of It's power OF final action. That