The Detroit times., 1908-08-05
NEWCONsT|TUT|ON
WOULD CURB
RAILWAYS
MAKES PLAIN LEGISLATURES
RIGHT TO DELEGATE RATE.
MAKING AUTHORITY TO CON-
MIssioN-F. r. MIGRANTS VIEWS

Relative 10 the suit started by the
Grand Trunk railway In the Wayne
circuit court In which the constitu-
tionality OF the legislation creating
railway commission IL questioned. f.
F. Ingram. the well-known Detroit
economist. has this To say:
The constitutionaiity OF our railroad
commission has not been tudiciaily &c
termined. Some claim that unuJp 0p.
cannot delegate It's power, tnat ~ an. .e
Legislature may regulate rates put can
not delegate the power 10 40 So .o
commission. In the constitutions con
yention We endeavored 10 secure SCI
tion In the new constitution that wou.u
give the railroad commission the au-
rates. We did not meet with complete
success Section Of article IL reads
in part: May pass laws establishing
reasonable maximum rates OF enai es
for the transportation OF property py
express companies In this state, ana
may delegate such power to NIX reason
able maximum rates OF charges Tor tne
companies and for the transportation
OF property by express companies TO
commission created by law; and shali
prohibit running contracts between
such railroad companies whereby dis
elimination Is made In FAVOR or eithei
OF such companies as against other
companies owning connecting or intel
sectlng lines OF railroad" This gives
the legislature authority to delegate
the power to regulate rates to the COM
mission, so II 10 I'D to the people 70 Sc
cure a Legislature this fall that Will be
favorable to this delegation OF power
TO a commission.
That the commission should have
that unquestioned power seems plain
The recent hearing before the railroad
commission on the excess baggage mat
ter shows its necessity. The titie that
heads the table for excess baggage
under which all the Michigan railroads
work. says "18 rs per cent" which
means the rate per hundred pounds
shall be 16 2-3 per cent OF the passen-
ger fare between the towns for excess
baggage. There Is no complaint re-
garding the rate. but the railroad tables
prevent the application OF their own
rate. SO that in actual operation In.
stead Of the rate being 16 2-3 per cent
IL IL so per cent, some times 100 per
cent and some times 200 and 500 per
cent. The minimum distance charge Is
such that ~ times in 80 on that account
the rate must be more than 16 2-3 per
cent, While the table itself 10 SO con-
structed that the shipper can get the
sm esnt IN rate e 9ny ons tms IN 49,
than 1923 per cent. usually many
! favors the large towns at the expense
ccnters throughout the state. retarding
ena Destroying the growth of country
4 villages.
Detroit wholesalers ask for relief,
| They did notsask for as liberal rates
a. are engaged elsewhere, az. for In
stance; In Indiana, but claim they
should have some consideration.
| III the railways win in the suit start
! ed Tuesday the railroad commission Is
put out OF business and can give the
shippers no relief. II the new consti-
tuition Is adopted and q Legislature is
elected that will delegate the power 10
! the railroad commission, then the
commission will have the authority to
act after Jan. ! next, even though the
railways win the present suit.
The Grand Trunk Westerns bill
asks the court to vacate an order made
last February by the railway commits
sion requiring the road and the ID.
! u. r. TO build "Y" and exchange
freight and passengers IN Flint.
| Not only does the railway attack
the constitutionality OF the act. but IL
claims that the commissions order Is
unjust. 1t holds that to comply with
the order nine miles OF track will have
to be built, which Will cost $250,O0O,
and that It will be practically worth
less, as the ID. u. X. does not cross the
mainline OF the G. It. r.. but crosses
freight line