The Montgomery advertiser., 1907-08-20

sion now has, we may reasonably ex- pect . marked improvement in the con- duet of the railways of the country.
 The passage of the bill was taken. the country over. and properly taken. as most important step toward the suppression 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- great solace to the conscience of the country outraged by recent revelations or railway and trust management. Passed at the instance of Mir. Rooss- 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 e. tho poor.
 Error of Mir. Bryan.
 'Mr. Bryan contends that the law was greatly weakened in authorizing or recognizing judicial intervention to This criticism has not7 the slightest toundation There can be no judicial appeal in the nature of complete res view on the merits from the commission to the Supreme Court or to the Circuit Court of the United States. for the commission is not court of fist in- stance. but only a mere administrative tribunal
 "The only power q Federal court could validly exercise would be to de- eide first, whether the administrative tribunal had followed correctly tho immitations upon its course of action imposed by the act on Congress creat- ing 1t, and second, whether it's order taken as an authorized expression of the legislative powers deprived the rail road company of it's right. under the fourteenth amendment, to derive a fair profit from the use of its property. Whether the Federal courts were ex- not, they would have had 1t under their general jurisdiction, If their power had not been recognized and purpose of Congress had been expressed to pre- vent an appeal to the courts, the law would have been invalid. The~extent of the judicial remedy could not be either diminished or enlarged by Con- gressional action, with due regard to tho validity of the act. Congress was wise. therefore. in not attempting 10 merely recognizing the right of the companies to appeal to the Federal courts to test the validity of the com-
 mission. No victory was gained by either the conservative or the radical party In this regard.
 "By what I have said, however, would not for a moment be thought to | favor any legislation which would ex- clude railroad companies or any one l else from recourse to the courts 10 protect them in taeiR statutory and | constitutional rights. The courts and especially the Supreme Court of the | United States, are the part or our gov ernment indispensable in making good those guaranties of life, liberty prop 1 erty and the pursuit of happiness given | in the constitution and placed there | by thep people themselves to curb their l own hasty action under stress of sud den impulse or with too little aehper- | ation. The administration of exact l justice by courts withour fear or favor, unmoved by the influence of the veal 1 thy or by the threats of the dema- gogue, is the highest ideal that a gov l ernment of the people can strive Ter, | and any means by which a suitor, how@ ever unpopular pr poor, is deprived of l enjoyinr- this Is to be condemned, H 1 js Important, however, that appeals to | Judicial remedies should be Nimted in such way that parties will not use them merely to delay and so clog ef1i- l cient and just executive or Legislative action.
 Amendmemts to Rate BiM Needed.
 'SThe- rate law does not go far enough. The practice under 1t has ale ways disclosed the necessity for new amendments and6will donbtlessFsuggest more, Such Is fthe true method-tha empirical and tehtative method--- of see curing proper remedies for new evil | transportation is a most important mat ter in rate.hxin@, for by a transfer l from one elaaS to another, the rate Is changed and may work injustice. 1 With the power of rate fixing, 1t would | mission to classify and to prescribe
 rules for uniform classification by all
 aRecent revelations have emphasized the pernieious effect of the so-called l over-capitalization of railroads which
 aids unscrupulous stock manipulators unreasonably high prices to innocent 1 buyers. The evil would not of itself l Justify Federal restraint or control be-
 issued under state charters The prac- tIce, however, has q tendency to. divert the money paid by the public for the track and equipment of railways into the pockets of the dishonest manipula- ters and thus to pile such an unproft- bankruptcy and . receivership prob able in the iFst business stringenoy. This result in an interstate railway, S interstate commerce. and jastiies M RIap1RS; the exercise of the regulative power of Congress to stop the practice. A rail road company ;Hpgaged in iateTstate therefore. to Issue stock or bonds and put them on sale in the market except after a certificate by the Interstate ties are issued with the approval Of the commission for a Legitimate rail- road purpose. The railroads that are honestly conducted would accept the certificate of the commission as a val uable one in the markets of the world, and only railway stock manipulators who look to the floating of watered se- curities as their best source of profit. would have reason to complain
 "A much used means of eliminating competition among interstate lines sitien by S one S company sSSf of the S stock in another and the election of directors to represent that stock. This process lH facilitated by the uncontrolled pow CT to issue securities beyond the needs of the company. for It's legitimate busi- striction proposed. The evil ought further to be directly restrained by making 1t unlawful for an interstate railway to acquire stock In com peting line. This Is 2 simpler remedy to the ss anti trust rus ' law undo under the North. this, competing lines should be pro- hibited from having common directors or officers.
 Plainly Constitutional
 "These suggestions Of additional leg islation in respect to the supervision and control of interstate railways have Commission. and I heartily concur in them. They are plainly within the Federal Jurisdiction under the inter- state commerce clause do not think that in order to accomplish 2 good its greater Fesouces and wider geogFa- phical reach can bring about more quickly and efficiently, the constltu-