East Oregonian : E.O. (Pendleton, OR) 1888-current, 1909-11-16
WILL ASK CONGRESS
TO AID COMMISSION
WANT LAWS REGULATING
COMMERCE. STRENGTHENED
Rate Expert McCune, in Interview
Expresses Needs of Interstate
Commerce mmission-Railroads
Seeking TO Delay legislation
Rate Regulation Is Come to Stay.

NohHierce hHnlsSloh-haiirOauS
Seeking TO Delay legislation
Rate Regulation Is Come to Stay.
Spokane, Wash. Nov. 16-"En-
actments to strengthen the law to
regulate commerce by the enlarge
ment of the interstate commerce
commission and protection of the
people from misquotation of rates by
railroads are among the things con-
templated at the forthcoming session
of congress"
Frank II. McCune freight rate ex-
pert, who prepared the evidence for
the Spokane case. the original action
against transcontinental lines under
the present law. also the cases FOR
Reno. New, and Baker City. Ore,
made the foregoing observation in the
course of an interview. when asked
about a newspaper report. which in
timated that the powers of the COM
mission in the matter of fixing rates
| will be shorn by the courts. He add
| ed:
1.-THE purpose of the article, prob
ably of railroad origin. is obvious, as
1t is intended to form the basis for
an argument that such legislation
will be abortive in view of the eX-
| rected decision Of the court abridg-
ing the power of the commission. at
least that such legislation should be
deferred until the court expresses IT.
self on the subject. Delay in the
matter of the rights of the people is
now the chief aim of the railroads.
Such delays are enriching to the car
riers.
''The people should pay no atten-
ton whatever to such suggestions. In
stead of accepting them at par value
they should reject them at once as
wholly worthless. They should con-
stantly renew their determination to
so perfect the law and demand its en-
forcement as to give them complete
I relief from rate discrimination so
long practiced by the railroads In
defiance of the constitution"
would rate regulation be checked
should an abridgement of the powers
of the interstate commerce commits
sion be decreed by the federal
court?" Mr.. McCune was asked.
Rate Regulation Here to Stay.
"It would not" he answered.
"Rate regulation is here to stay and
It will progress to it's ultimate at
tainment-complete eradication oil
discrimination. II the judiciary de-
crees to thwart the will Of congress
in its effort to discharge its duties
imposed by the constitution to rcgu-
late commerce, it amounts to no more
than a controversy between these two
agencies of the constitution.
"The constitution provides inde'
pendently of congress for the regula-
ton of commerce among the states
and as the judiciary is less than the
constitution its DEGREES against .h'
acts of congress cannot set at naugh
the authority that gives its existence
"As it now stands the Interstate
commerce commission is the recog
nized tribunal for the adjudication o
rate grievances and it is proper tina
petitions Of this character should b.
addressed to it. However, when l
fails in the purpose of it's creation
either by failure to perform the func
tions of its office, by judicial utter
ance or congressional enactment tn
people have recourse direct to tn
government under constitutional pro
, vision.
SHOULD any of these condition
arise at that instant the constitution
would be invoked in the matter o
, rate regulation. The constitution de
= clares:
r Constitution Prohibits Discriminate
n "'No preference shall be given b
any regulation of commerce to port
. (points )of one state over those
another
=. "The language of the constitutio
! is its own interpreter, and in thi
! commandment there is no qualificatio
= whatever as to dissimilar conditions
a water commercial and 'railroa
i, competition" such as are being cor
; stantly urged by the railroads to eS
q cuse or justify their acts of violation
If of the constitution in maintainin
= preferential rates. The constitutio
emphatically declares that no pref
erence of any regulation under an
circumstances shall be given.
ITO invoke the power of the cor
> stitution it is provided that congre'
shall make no law abridging the rigi
of the people to petition the cover
e ment for redress Of grievances. There
u fore. il congress is frustrated by j.
! dicial opinion in it's efforts to pre-
" vide a tribunal to whom the peop
II may address their petitions and r.
. ceive adjudication thereof it devolv'
u on the president that he shall tai
y care that laws faithfully execute
"There is no greater law than tt
constitution itself against inequa lity
II rates. The department. Of justice
d the governmental machinery avail
y, able to the people for redress of the
y transportation wrongs, the use
which no judicial itterance or inc
a fectual congressional effort can d.
- prive them Of"