The Montgomery advertiser., 1907-08-24

party would declare, that the Hepburn law Is wrong in the foundation on which it is based, and had proceeded to demand a declaration from Congress to that effect, he would have secured all the rate regulation that Congress could choose to exercise. and still have left the ownership of the railroads un- disturbed. For instance provision like this: Congress in it's legislation on interstate railroad transportation does not assume ownership. In any form. of the property of any railroad company engaged In such business; but all the conditions imposed on the con- duct of such business are intended to qualify and regulate the privilege of engaging therein, and any railroad company that engages in such busi- ness shall be held and considered as having accepted such terms and condi- tions so prescribed by acts of Congress. with the consent of the States. respec- lively, that have granted their char ters of incorporation"
 No such corporation, and. probably, no State would refuse the right to Its corporation to engage in interstate transportation on the terms and condi- tions such as Congress might impose. I underscore transportation because the control of transportation is the limit of the power of Congress to regulate COulHHtTCt AtuOHk lhc ONaltSt by regulating the dealings of com mon carriers as class Common car riers are neither shippers nor con signees within the meaning of the laws: they are the burden bearers of commerce and are not engaged in com merce in any other capacity. 1 very much doubt if transportation Is in- cluded in "the regulation of com merce" by any Legitimate construction zff ha oF ha 1an nft ftfifftnYal vision. I am very sure it was not in the minds of the framers of the con- stitution.
 Now, if make my meaning clear on this somewhat intricate subject, 1t Is the manifest duty of the Democratic party to demand an act expounding the exising laws (the Hepburn law, espe- cially) in accordance with the views have stated in this letter pre- sented them in the Senate when the rate bill was under discussions but they presented no obstruction to the career of the wild horses that were running away with the wagon. Per haps. Mir Bryan's plunge into the abyss may give the Democracy need ed warning.
 We should begin immediately with the discussion of a law like that I indicated and a demand for clear statement as to where we are "at." cannot do this, for voted against the Hepburn law, and I would be in the role of a convict who is trying to ex- cuse his offense. The Democratic journals, if any true ones are left. should take the initiative, and push the demand with vigor and courage. You can start the ball if you are so inclined.
 In accordance with a respect for you and a confidence in your that | am glad to express. and have often manifested. you are at liberty to use, without quotation marks. any idea you may find worthy in this letter or you may show 1t to any honorable per son. But 1t would be unwise, prema- ture and of no service for me to state my views on this subject. so decline such use of this letter as would make me the author of any view l have ex- pressed therein before the public,
 These views, if they are of any value. should be now promulgated by the Democratic party. It may be too late to check fatal committal to aspir- ing men if action is not taken ct an early date.
 My plan of a legislative declaration as to the meaning and scope Of the Hepburn law, to be enunciated by the Democratic party. will give pause to the effort, now being made, to commit the Democracy to government owner ship, which would destroy the party
 will express these views only to you and will walt until December to express them in Congress. trust to your discretion to save me from being considered as the originator of the
 Sincerely yours,
 John T. Morgan.