The Washington herald., 1909-04-01
Mr.. Braxton on Railroad RepuIstion.

A recent address by A. Caperton Brax-
ton. the eminent Virginia lawyer. has
attracted attention by reason OF its virtual
confession that State regulation Of rail
way rates Is more or less OF a failure.
Mr.. Braxton was the creator Of the Vir-
gini& corporation commission. and has
made profound study OF the problem OF
corporate regulation. SO that his views
carry unusual weight. In his address he
admitted a strong inclination TO the view
that the regulation Of an railroad rates.
intrastate as well as interstate. should be
exclusively "A matter Of Federal control.
leaving to the States only local regulation
in matters other than the regulation Of
rates. Mr.. Braxton gave two reasons for
surrendering rate regulation wholly TO
the national government: First. that
under the decisions Of the Supreme Court
the regulation Of intrastate rates is. as
"a matter of fact. taken out OF the hands
Of the States ana put into those or Fed
eral courts. which now have absolute con-
troll OF It; and second. that intrastate and
interstate rates are so interdependent and
inseparable that it IS practically impos-
sible to subject them to independent regu-
lation.
Mr.. Braxtons observation has led him
to the belief that the ordinary courts are
unsuited to the functions Of rate regula-
ton; and he therefore proposes. the crea-
tion Of special tribunals charged with
these functions. His suggestions on this
point are put In the form Of an inquiry:
In view Of the vast amount Of work involved
IN Federal regulation and in view If the in
portance o. familiarity with local conditions. and
Of speedy action, and Of the accessibility Of the
tribunal 20 the parties. should not the Federal
machinery for regulation be rcorguuizcd somewhat
on the plan Of the Federal Judiciary system: that
is. that the whole Union be divided up into. SAY.
eight ten transportation districts with reference TO
their commercial relations; that special iater-
state commerce tribunal he established IN and fo-
each district with provision fer JOINT sessions Of
two IT more commissions on matters affecting two
or more districts and for appeal to oentral
commission az Washington. having a general appel
late supervisory jurisdiction all the subordinate
tribunals 70 correct their errors rc-1liat, their
Practice and reconcile their conflicting rsng.-fuai
appeal 10 he allowed TO the United States supreme
Court on questions Of law ony e.
Mr.. Braxton thinks that by the institu-
ton OF special Federal rate-regulating
tribunals uniformity. reasonableness. and
consistency would be insured. conflicting
rulings obviated by appeal to a central
body. whose jurisdiction over the entire
Union would guard against narrow or
petty action. and insure a comprehensive
grasp Of the commercial and transporta-
ton conditions Of the whole country
While Mr.. Braxton's suggestions are not
entirely new. they are especially worthy
OF consideration as representing the al
tered viewpoint CT man who has borne
a conspicuous part in establishing State
regulation Of railroad rates. The South
ern railway situation. where half a dozen
states undertake the regulation OF rail-
way rates on transportation systems ex-
tending from the Potomac to the Gulf.
has doubtless helped Mr. Braxton to