The Washington times., 1908-12-26
Independent Department Ad-
vocated by Members Of
Commerce Body.
STRONG OPPOSITION
LIKELY TO DEVELOP
Constitutional and Practical Oh
jections VIII Be Presented
to Congress.
By ]. c. WELLIVER.

l. -
The most important announce
ment thus far made of President
elect Taft'S policies on the big queS-
tons which viii come before his ad-
miniStratOn, save only lis inSistance
on radical revision Of the tariff, is
that which comes from The Times
correspondent at Augusta today. Nh.
Taft takes position in favor Of
sweeping reorganization OF the
whole scheme Of railroad control.
Instead Of centraIizing that control
in the Interstate Commerce Com
mission he would give the admins
trauve powers to the Department
Of Commerce and Labor, and the
quaSijudiGal to the commission.
MAJORITY AGAINST PLAN.
On this proposal the President
elect viii find that the Interstate
Commission, with the exception Of
probably a single member, VII
sharply take issue win him. The
one exception IS Commissioner
Prouty, who has long been in favor
Of such a division Of powers with
a view to making The commission
Judicial body and relieving It Of ifs
administrative functions.
Chairman Knapp at one time,
earlier in his experience, inclined to
favor the plan now put forward by
Mr.. Taft. But with larger expert
ence and in view of the disposition
to widen the powers of the CON-
mission, he has changed his mind.
Knapp's Views Changed.
People familiar with his general views
on the subject know that for a long
time he has favored more and more
Capitalization OF authority in a single
body. Moreover. he wol.ld prefer 70 see
the Quasiiudicial powers and duties %
the commission more and more main
tanned. and administrative methods sub
stituted foE them
1t can be said with the most entire
confidence that the effort to secure
legislation putting into effect the plan
OF Judge Taft, viii call forth detrI-
mental opposition from men who have
been pioneers In the movement for con
troll Of railroads The question Of
whether a commerce court, OF a comis-
sion primarily administrative, ought TO
be established, was thoroughly thrashed
out in the discussion on the Hepburn
act, and before it OF the Townsend
Esch and other bills
Commission Plan Indorsed.
The decision was then reached. after
very careful and complete eonsidera-
ton, that the commission plan, with
centraIizatiOn In one body Of the ad-
ministrative and quasi-judicial func-
tiOns, was the proper one.
During the late campaign. Mr.. Taft
IN some OF his speeches indicated IN
general wag his leaning toward the
plan which The Times Augusta dis
patches today outline In so much more
detailed fashion His intimatiOns at
that time OF such q view caused moth
ing less than CONSERVATION IN some
quarters. IN which the problem OF rail-
road control has received most careful
consideration.
Briefly. the argument for the Taft
Prouty plan Is that the commission.
composed OF seven men, is not organ
lied 70 do administrators work Such
work il is urged. SnS7-id be done by
body with a single head, and an ample
force Of subordinates at the head Of
proper bureaus.
Too Many Captains
4 bench OF seven men can hear and
decide cases, but when II undertakes
administrative work it is Ike having
seven captains on one ship. Therefore
the proposal is to give he administrative
work to, say, the Bureau Of Corpora
ticns, while retaining the commission,
but eonhning II to the hearing and de-
termining OF cases involving rates and
the like
The objection TO this scheme has been
REINFORCED recently, IN an unexpected
quarter. The Supreme Courts decision
in the Virginia rate case, within two
or three weeks, discussed this very mat
ter Of powers Of judicial bodies and OF
commissions
It has been conelusively held that the
business OF fixing rates and charges
is legislative, not judicial. IL IS the
layinC down OF a rule Of future con-
duet and can be discharged only by
the legislature or by some authority
designated by tine legislature, TO which
certain legislative powers are delegated
(Cou+in-,ed IN Seoo7d PavaN