The Detroit times., 1908-08-06
NEW CONSTITUTION
WOULD CURB
RAILWAYS
MAKES PLAIN LEGiSlATURE'S
RIGHT TO DELEGATE RATE
MAKING AUTHORITY TO CON-
MissloN-F. r. MIGRANTS VIEWS

Relative to the suit started by the
Grand Trunk railway in the Wayne
circuit court IN which the constitu
tionality of the legislation creating
railway commission Is questioned, +
r. ingram, the well-known Detroi'
economist, has this TO say:
The constitutionality of our railroad
commission has not been judicially dc
terrnined Some claim that under our
present constitution the iegisi"ure
cannot delegate its power, tnat ls' tne
legislature may regulate rates but can
not delegate the power to do so 10 a
commission. In the constitutional con
vention we endeavored TO secure sec
ton in the new constitution that wou =
give the railroad commission the au-
thority to regulate transportatlon
rates. We did not meet with complete
success. Section OF article IL reaos
ir part: May pass laws ESTABLISHING
reasonable maximum rates OF char ses
for the transportation OF property py
express companies in this state. and
may delegate such power 10 nx reasotl-
able maximum rates of charges for the
transportation OF freight by railroad
companies and for the transportation
of property by express companies TO a
commission created by law; and shall
prohibit running contracts between
such railroad companies whereby dis
elimination Is made in favor OF either
Of such companies as against other
companies owning connecting or inter
secting lines of railroad" This gives
the legislature authority to delegate
the power TO regulate rates TO the com
mission. so IL is up to the people to Sc
cure q Legislature this fall that viii 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 title that
heads the table for excess baggage
under which all the Michigan railroads
work. says "l6 2-3 per cent" which
means the rate per hundred pounds
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
II ls so per cent, some times 100 per
cent and some times 200 and 800 per
cent. The minimum distance charge is
such that 80 times in so on that account
the rate must be more than 16 2-3 per
cent. while the table itself IL so con-
structed that the shipper can get the
16 2-3 per- cent rate only one time In 80.
and 20 times I'm 80 he must pay more
than l6 2-5 per cent, usually many
times more. In operation this scheme
OF the small towns. builds up trade
ccnters throughout the state. retarding
and destroying the growth OF country
villages.
Detroit wholesalers ask for relief.
They did not ask for as liberal rates
as are enjoyed elsewhere, as, for in
stance, In Indiana. but claim they
should have some consideration.
II 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 constl-
tuition IL adopted and Legislature is
elected that will delegate the power to
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 d.
u. r. 10 build a "Y" and exchange
freight and passengers in Flint.
Not only does the railway attack
the constitutionality of the act. but 1t
claims that the commissions order Is
unjust. II holds that to comply with
the order nine miles of track will have
to be built, which will cost $3.50, 900.
and that 1t will be practically worth.
less, as the ID. IT, r. does not cross the
mainline of the G. I. r., but crosses
a freight line.