The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-07-15
Interstate Commerce Com
missioner Defends Right
Of New Body.
SALARY QUESTION
A TECHNICALLY
Says Congress Has Given Liberty
to Employ Any Expert Re
CURED by Department.

''Since the law itself has been OBJ
~9gved by the Interstate Commerce
Commission IN its appointment of sui
sidiary body OF agents. which in this
case happens 70 be the District Railway
Commission. II naturally follows that
alv statements that we have exceeded
~l- authority are futile, IN the full
meaning Of that word
Such is the g,st of the reply made
by a member Of the Interstate Com
merce Commission to a request for a
statement which would settle the con-
troversy that has arisen in regard to
the traction board. He quoted extracts
from the law to explain the situation.
and showed that the ''act to regulats
commerce" which covers the question,
rot only does not prohibit the Inter
state Commerce Commission from Sc
curing assistance in carrying out It's
duties. but gives it the broadest possible
powers.
Law Made Clear.
The fact was developed at the inter
view, however, that the technicality as
10 whether the members Of the Trac-
ton Board should receive cash COM
pensation for their work is regarded as
possibly worthy Of consideration by the
spirit Of the law is thought to be en-
tireIy clear in the act mentioned.
AS he spoke for the attitude Of tho
Interstate Commerce Commission as a
body, the member quoted did not wish
to have HIS name published. he said
furthermore:
For most of the departments. appro-
priations are made in detail; that is,
the appropriation bill in a given in
stance provides specifically for the en-
Dloyment Of g. certain number Of Per
sc rs at certain salaries, and so on. The
ct of Congress in each case provides
for the number Of persons TO be 1m-
ployed. and the salary to be received by
In the case of the Interstate Com
merce Commission, however, the ap-
preparation always has been in a lump
sum. and the commission is authorized
in general terms TO employ S1ch per
sons as It may require In section is,
of the act to regulate commerce, the
law distinctly states:
Authority to Hire
% The commission shall have author
ity to employ and fix the compensation
OF such other employees As IL may find
necessary to the proper performance OF
its duties
The other IN this extract refers to
the secretary. who is one Of the en-
pioyes. provided for by law. Thus il
IS that II, the organic act the commits
sion is put on a different footing from
those affected by other laws
There Is no statutory office in the
commission save those of the commits
siouars themselves and the secretary.
Furthermore, the law provides the sum
OF S700. 900 for all other expenditures
necessary in the execution Of the laos
to regulate commerce SO far. it is
clearly to be seen that the question
as to whether the commission shall en-
ploy agents to assist il is settled absO-
lutely- 1t is settled in general terms.
but none the less by law
This commission had the extra task
imposed on it By the last Congress, for
instance. Of providing for the manner
in which explosives shall be transport
ed Congress was aware that we are
not experts on explosives It did not
expect that we should not engage the
services Of persons not specifically
mentioned by law Thus II is TO be
seen that If there really IS any question
rot definitely answered already il is
the purely technical one as TO salary.
Won't Admit Question.
1--WE do not admit that this question
really exists, but If 1t does It is only
one in connection with the legality OF
our appointment Of the District EIec-
trio Railway Commission.
Finally. the law specifically states
that the Interstate Commerce Commits
sion shall fix compensation as It sees
Mt The traction board could be paid
pennies or dollars. and the technicality
If il exists. would be covered. That is
all there is 10 the matter
Il 40 not care 70 discuss the technl-
cality now" concluded the commission
er. He added. jocularly. IF IT be illegal
TO overlook it, as not being germane
to the letter Of the law, and il certainly
is not to the spirit. we may have to
20 to Jail"
1t is to be noted in the extract from
the act OF Congress, that whereas
the Interstate Commerce Commission is
given the power to fix the COMPENSATION
OF its agents, the law does not expressly
state that the agents shall be paid.
Must Pay All.
In general. however. there Is a Law
against the Government receiving the
services of unpaid agents. This is