Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-08-20
up the hands of those supporting thu
bill.
Second Objection-Incompet of
Commission To Fix Rates
Proved Too Much.

Dlil.
Second Obiection-Incompeic of
Commission To Fix Rates
Proved Too Much.
The second ground of opposition was
that a tribunal like the commission
was utterly unable to fix rates-that
the fixing of rates was such a difficult
matter. that only the expert traffic
managers of railroads were competent
for the work: that each rate was so
connected with every other that II was
impossible for a body OF laymen to
reach a safe ana Just conclusion i'm re-
spect to any one rate, without creating
proved too much. III the commission
could not fix rates. then neither 1t nor
a court could safely determine whether
a rate was unreasonable for exactly
the same expert knowledge was needed
TO say that a rate was unreasonable
as to say what was maximum reas-
enable rate.
Constitutional Objection by Railroads
Without Weight.
The third and final objection was
that the law was invalid i'm that con-
gress was thereby delegating its leeis-
latiVe power to another body, ana was
violating the general constitutional
rule that delegated power cannot be
delegated. The rule has an exception.
power where the purpose in the original
comforting the power can be sub
served only by its delegation TO an
agent, II Is admitted that the cOnsti-
tuition gives congress the power to fix
rates. Obviously, howeVef, ii is inn
possible for congress as body to
spend the time and labor 20 do so. If
the power is to be exercised at all,
practically it can be dOne through "a
tribunal or an agency Ike that of the
Interstate commerce commission.
Hence congress may delegate the
power under proper legislative limita-
tions and rules of decision.
Small Vote Against the Bill
The opponents of the bill were not
able with these objections to music.
more than seventeen negative votes I'm
the house of representatives, or three
votes in the senate.
Opponents of Rate Bill Now Belittlc
II and Praise EIkins Bill
The opponents of the measure con
tinue to denounce It. but now instead
of pointing out its disastrous effect,
they say IL is a failure and that in the
year since its passage, IL has not
helped a single shipper. They insist
that the only effective and all-suffi- !
cient law to regulate the railways is
the Elkins act, passed i'm 1903, and |
that this Is shown by the fact that all
the prosecutions i'm which convictions
have been had against railway COM |
panes and favored shippers In the |
last two years. have been under the |
Elkins act, and not under the rate |
bill. Let us look into the facts I'm re-
gard to this allegation. The chief |
which have been insti- |
tuted have been criminal indictments |
against the Sugar trust and the Stand
ard OIL company, and certain railways |
af. Fs... Fa.Ir
ing and giving secret money rebates. |
They could not have been brought un-
der the rate bill. because the acts |
were committed before the !
passage of the rate bill.
Effect of EIlSins Bill ON Existing
Criminal Prosecutions Was To Save
Rebate Givers and Takers From Jail. |
1t Is true that these prosecuti ms
were instituted under the Elkins act. |
but II is also true that had the FL
Sins bill never been passed, the same /
acts could and doubtless would have
been prosecuted as giving aud receiv-
ng unjust discrimination against the
persons committing them under the
amendment 10 the interstate commerce |
ict of 1889. which the Elkins act sup
planted.
Favored ElI,lns Bill Becaus.
)f Abolition of Jail Penalty
1t is well understood that the Elkins
lill was passed without opposition by Il
md with the full consent of. the rail-
'oads and that the chief reason for
his was the elimination of the PEN
tentiary penalty for unjust discrimi-
lations. Experience has shown that
mere fine is generally not enough to
letter a corporation from violation of
he law because il then becomes a /
natter OF mere business speculation.
Is fF,afa affgs mn ant q furn n- roo
prominent officers of a railway COM Z
'any, or a trust, engaged in giving or $
eceiVing secret rebates. would have a :
treater deterrent effect for the future 4
han millions I'm fine. I
Rate Bill Restored Jail Penalty. q
In the rate bill. congress amended !
he Elllins bill and restored imprison- =
1ent as part of the punishment for Sc
ret rebates. Had the rebating and .
ishonest practices of the railroad :
and the trusts. been as J
learly known to congress and the }
ublic. when the Elkins bill was con- =
idered. as they were when the rate :
i'll was passed. the Elkns bill would Z
ot have passed so smoothly.
T the Rate Bill Is Ineffective Why c
uch Railroad Opposition? 81
II the rate bin was likely to be a
allure and to accomplish nothing in -
ne regulation of their business, the ~
uery naturally arises why did the y
lilroads spend so much money and so J,
reat effort to defeat it2 Why was IL. n
II had no effect. that In the interval ~
ctween the time of its passage and -
$ going into effect there were filed y
18th the interstate commerce commits
on more notices of reduced rates
IAN ever had been filed in the pre-
ious twenty years Of the life Of the =
lterstate commerce law? IL
Ood Eject of Rate Bin Naturally +,
OF Shown I'm Statistics. h
The rate law has not been In opera o
on a year, and the beneficial results A.
ON its operations though clear. are q
Ut ready to be presented In a statisti-
II array Moreover. the chief benefit
the act Is likely 90 be its influence y
discouraging attempts 10 renew the -
d abuses and such benefits do not =
Dpcar In statistics. The immediate y
4 Ct Of the act has certainly been to ~
'mpel railroads 10 regard the com /,
ission now as the important tribunal y
hose views they must follow. They "
q manifestinE every outward dispo- "
ton strictly TO comply with the law =.
I'd to avoid prosecution or complaint. ie
he time has gone by in which the ac- ~
On Of the commission can be ignored -
laughed at.
he Attitude of the Country Toward io
e Rate Bill re
I