The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-06-11


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The Railroad, and the Interstate
Commerce Commission.
In these DAYS when platltudcs receive
wide applause il may not be amiss Ia
refer 10 the fact that the rights of the
people II this country are safcguardel
by the law and that the law is inter-
preted by the Judiciary, which there
fore Is the bulwark Of our institutions.
Trying as are the laws DELAYS. indeicn-
sible a. Is that prolonging II litigation
which often amounts to the substantial
denial Of justice to the small litigant
obnoxious as is the prejudice II the
popular jury that decides against
corporation whether or no, the fact re-
mains that il Is the law and therefore
the Judiciary that stands for the IN
tegrity Of the national existence
Il Is ordained hy the law that a rail-
road rate shall be reasonable. vet II has
been urged al times m Congress that the
ruling Of the Interstate Commerce Com
mission as tO a railroad rate shall be
absolute. such a position could never
stand the constitutional test. vet there
war long debate before the right 10
appeal from the Interstate Commerce
Commission to the courts WAS written
into the Hepburn law and the right "
appeal IS now limited 20 the Legality II
the decisions n the commission under
its jurisdiction not aS 10 their Inherent
righteousness,
The suDo-dinat.on IT the rommis- F.
sion 70 the law will be chnched by the /
Inauguration " the commerce court |
provided fnr nv the measure now IN I
conference. It, establishment has been .
sought hy President TAFT out II his .
desire Ia facilitate the progresses n .
court procedure, n obtain the oNUcr:
attention that will he given by a special
lied court. and TO Obtain uniformity II /
de'lsion lnasmuch as the commission
j. not permitted 10 prescribe other than
a reasonable rate it would seem no more !
than just that the test " reasonable
hess in case of protest should liz with
tins coErt
The regular ~ittlngs II the commerce
court IN Washington, which is the head
quarters Of tho Interstate Commerce
Commission, would. il appears acreler-
ate the Capitalization II control Of the
railroads m the capital A. each rail-
road company is required by the act 10
maintain an agent AZ Washington ~
accept service II notices and processes,
il seems not unlikely that the rail
roads NAV establish legal bureau in
that city through which IN measure ,
NAV b" conducted their intercourse
with the Government concerning liti-
CATION. Specialized attention and eH-
pert knowledge on both sides may lead ,
70 smoother working and more .atis- q
factory results
II b. widely supposed that the rail
roads end"avor 70 ehect combinations I,
o Cypress the people II does not seem 1
to have occurred % many that the people (,
have entered into an overwhelming q
combination 10 0pprcss the railroads. v
which have presented anything bat
solid front % the attack When the :
antitrust act " lNJO was under dlscuS- 4,
SION boz the House n Representatives an I,
amendment was proposed making Il z
apply q" lfIrnad- A. well a. ~ the in q
du,traI ordinations. bat this amend. u
meut WAS rejected. When the applica- T"
ton NJ ih" law came before tho Supreme :
Court that body was obliged 10 interpret =,
the at according a. o.. language. which T..
prohibited any combination ~ restraint o
Df trad, Ih" common law declares
That Their" a." certain restraints 81 trade %
wmnu an" rca-pna0ls and necessary. :.
Four ~ OBJ" Judges hold thar the statute Or
'pUii mot Urprrrfir this dicftlu ~ tho M