Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-07-13
GALLINGER FINDS FAULT
Declares Intent and Action of Con-
gress Have Been Nullifed.
SENATOR'S ATTITUDE IGNORED
Regrets That Authority Has Been
Delegated to Local Management
Subject to Improper Pressure.
Special Correspondence of The Star.

Special Correspondence of The Star
FRANKLIN y. H.. July IL, 19oS.
That the interstate commerce commls
sion has ''nulified the intent and action o
Congress by appointing a subcommls
sion TO control the operation of stree
railways in the District of Columbia sur
prises Senator Jacob H. Gallinger. chair
man Of the Senate District committee.
The legal power of the commission Il
create the subcommission is questioned
by Mr.. Gallinger.
He considers it cause for regret that thu
authority granted the commission by Con
gress should be delegated to a body which
will be subject to constant pressure from
every citizens with real or fancied grlev
ance against the railroad companies.
That the issue was we'll defined in th'
contest between Senate and House In th'
congressional struggle over the Legislation
and has been ignored by the commission
in creating the subcommission is another
comment of Senator Gallinger.
Gallinger Rakes Hay.
Senator Gallinger is resting this sum.
mer from the fatigue of his last ses-
sion's labors by playing strenuously
the role of the gentleman farmer. The
Star correspondent. seeking him at his
farm near here. found him in the field
pitching hay. He is brown and looks
we'll and strong as though Legislative
work, capped off by a little vigorous
personal exercise. was the best thing In
the world for a statesman.
Senator Gallinger has read with inter
est of the recent action by the interstate
commerce commission in naming a
rapid transit board for the District.
When asked his opinion on this sub
ject the senator spoke freely as fol-
lows:
The action of the interstate COM
merce commission in appointing a vol
untary subcommission to practically
control the operation of street rail-
ways In the District of Columbia sur
prised me in more ways than one
The legislative issue. over which
there was contention that at times ap-
preached bitterness. was clearly de-
local control-supervision by the Dis
trict Commissioners. The Senate In
sisted that control should be federal
and judicial
Our reasons were plainly stated
many times. ! then believed and still
believe them to be sound. logically and
equitably. My experience with some OF
those who represented several OF the
most active of the thirty-one citizens
associations had convinced me that To-
cal control would necessarily BE- infiu-
enced by unfairly selfish considerations
such as were frequently presented 10
me or urged before our committee
Local Control Undesired.
NO one could or would dream Of cast
ing a shadow on the character of those
who, under the House program. wouie
have been called upon to administer loca
control But we could not rid ourselves
Sif
which should be handled by a judicia
body, federal in its organization ant
wholly disassociated from local interest!
and environment.
Therefore, / am surprised when l hea
that the interstate commerce commission
has practically nullifed the intent ant
action of Congress by appointing SUB
| commission, one of whom is a Commits
sioner of the District OF Columbia. an al
| ready overworked official, and the other;
two eminent Wash!ngtonians who certain
ly cannot claim 10 possess any techn!ca
knowledge as TO railway finance and op
Grafton.
"Of course, / understand that the in
terstate commerce commission diSclalm
any delegation fits powers, save Will
respect to the hearing of complaints ant
the taking of testimony. But 1t mus
nevertheless be clear to all average hu
man understanding that the interstate
commerce commission will usually accep
the subcommission which it has created
II cannot discredit its agent.
Legal Right in Question.
LAS to the power of the interstate com
merce commission to so create there is IL
my mind a large question.
Il recall the circumstance that no
long ago there was an effort to create b.
executive authority an honorary commits
sion to deal with certain features Of th
beautifcation of Washington. This ef
fort was overthrown by the Attorne.
General. who. among other things, care'
attention TO the illegality of governmental
acceptance of uncompensated service.
The action of the interstate commerc
commission goes farther, however. Fo
sion the power to administer oaths an
to deal with matters of much greater ma
terial Importance than plans for city dec
Grafton.
Il recognize the eminent ability of tn
members of the interstate commerce com
mission. l know they must have give
this matter careful cons liberation befor
reaching such a conclusion But it /
nevertheless cause for regret that the
should have delegated any of their power
70 local subcommission. which Will b
subject to constant pressure from ever
person who has a real fancied griey
ance against the railroad companies.
The purpose of the law was to avoi
the friction between the community an
the companies which may easily resul
from existing conditions"