Omaha daily bee., 1910-10-08

the controversy, charged with carrying the
burden of making a case before the COM
mission. OF course. the public had
greater interest in the rate as a matter
OF fact than the shipper himself, but the
burden OF obtaining Justice was on the
Individual II he was successful the pub
lie, as well as himself, became the bene-
ficiary. President Taft was of the opinion
that the burden ought TO be borne by the
government because the general public had
the larger interest in the controversy. That
was the controlling reason for giving to
the government the power to initiate In
vestigations. bear the burden of the fight,
save 70 the shipper the expense and allow
all the .peopie to obtain the rights that
belong to them.
Regulation of Rates.
Again, under the old law the railroads
had right to increase their rates and
charges at any time, provided they filed
a schedule of the proposed Increases with
the commission. After thirty or sixty
days, / have forgotten which, these In
creases went into effect. The new law al
lows no increase in rates TO become effec-
tive until the Interstate Commerce COM
mission shall have had nine months in
which to determine whether they are just
them to be Just and reasonable they be-
come operative. II the commission finds
them TO be unreasonable or unjust, II has
the power to suspend them. This lnves-
tigation, with It's difficulties, is made by
the government No shipper. no COM
munity, no individual lie compelled TO carry
the burden OF the investigation, Not only
that, but the government has the power to
compel the common carriers to furnish the
facts, all Of them, on the subject In
other words, the burden, of proving that
the proposed rates are reasonable and just
is put on the railroad company. II the
proof lie wanting II follows that the rates
are not reasonable and just and the finding
therefore OF the commission must be that
they are unlawful and cannot become oper-
alive To me IL seems that this provision OF
the law marks the greatest and most for
ward step yet taken In the real control
and regulation by the government Of trans
portation charges 1t ought to receive the
enthusiastic endorsement OF all the people
and the party which inaugurated 1t and the
president and the congress which carried
out Of this tremendous onward and forward
policy deserve the commentator of the
public. You withhold such commentator
every time you vote for a man who stands
as an enemy to the present administration
Further Liquidation Needed.
/ But good az this law Is IL needs amend
ment Congress should have followed the
lead OF President Taft and put in the law 9
provision making Il unlawful for one rail-
road company to own stock in q COM
peting railroad and placing the capitalize,
ton OF the railroads under the control and
supervision OF the Interstate Commerce
commission. These provisions were voted
down by the aid OF democratic votes oil
the argument that the railroads were
chartered by the states and therefore con-
gress had no constitutional power TO legis
late on the subject OF capitalization. Tha
| to do so was an lnvision of state right
guaranteed by the constitution. The argu
ment prevailed for the time being. but
promise you now the fight will be renewe,
In the next congress. 1t cannot be tn
law that congress having undoubted ant
absolute power over interstate commerc
is without power 10 fix the terms and con
ditions on which corporations shall do bust
ness in that field, whether they be char
tered by the state or the nation"