Forest City press. (Forest City, Potter County, D.T. [S.D.]) 1883-19??, 1911-08-03
From the Scientific American.

From the Scientific American.
The whole structure of Interstate COM
merce regulation. including the federal
safety appliance and employees personal
injury laws. is based upon authority vest
cd In congres by the commerce clause of
the constitution. Although the adoption
of this provision antedated by some 40
years the first mile Of railway. its appli-
cation to other features of COM
merce pales into insigniticance when
compared with its practical application to
present day transportation on our nearly
240,OOO miles OF railway. This is one of
many illustrations Of the great wisdom
and keen foresight of the philosophers
and patriots who framed the constitu-
| ton. They did not deal merely with
tangible matters in their immediate sight.
but constructed upon ever-eNisting. fun
damental principles applicable to what
ever changed conditions might arise in the
course OF human progress. 1t has been
said truly. Times change and men
change with them. but principles never"
With the progress of time. circumstance
and conditions change. requiring new and
suitable rules OF action. but the princi-
pies OF justice governing natural rights
are immutable.
For the FIRST 80 years or more of railway
transportation, conditions did not strong
" demand the exercise of this federal au-
thority; but with the constantly increas-
ing Incorporation of separate roads into
great systems OF through and continuous
lines. the combinations of these systems
through associations, the suppression or
aiminution or competition by pooling and
otherwise. and the tendency to favor
those offerings large and frequent ship
rnents to the disadvantage OF shippers Of
less commercial Importance, there came
general public necessity and demand for
i lsoliQf 0Op3nst tho ho r,nfn1 arfo,.fS ~ III.
just rates and Determinations. This al
eliminated in the passage OF the Cullom-
Reagan bill. approved February 4. 1887,
known as the Interstate act.
There had been no definite legal require
ment. nor even manifestation of a pub
lie policy that carriers. although they had
been and were engaged In "A public serv-
ice affected with a public interest, were
under obligation to serve the public OIL
terms of rcaSOnableneSS and equality. 1t
Is not surprising. therefore. that in the
%contes; for business. conducted mainly
with a view To corporate gain. there re-
suited deplorable conditions.
The act of 1857 in the very nature of the
case was experimental and tentative be-
cause congress was then just beginning to
blaze the way into a vast Jungle to be
reclaimed only by new Legislation. Natur-
ally. the first step was to turn on the
searchlight: hence one conspicuous fea-
ture of the New law was it's authority and
to the commission "to inquire
into the management of the business of
common carriers subject to the provisions
OF this act" and to keep itself informed
as to the manner and method in which the
ann Is cOnducted." also to report to con-
sress "such information and data collect
ed by the commission as may be consid-
cred OF value in the determination OF
questions connected with the regulation
OF commerce.. together with such recon-
mcndations as to additional legislation re-
lating thereto as the commission may
deem necessary
The OF this act are that
rates. regulations and practices affecting
Interstate transportation shall be reason
able and just and devoid OF undue and UNI
reasonable determinations; and after the
declaration OF these principles practically
all of the subsequent provisions of the
law constitute machinery to give effect
to these substantive requirements. 1t has
been said by hig authority that the EN-
bodiment OF these requirements in the
act was simply putting into statutory
form principles OF the common law.
Whether or not this De true as to discrim-
nations IT certainly is with regard to
~reasonabieness III the amount of rates.
Yet up to and for a time after the pas
sage of this act in 1887, II is doubtful IL
there be found In any OF the courts
a record of Judgment for damages on ac-
count OF an unreasonable rate. In prac-
teal effect. therefore, this theoretical
c~ommon-law right OF recovery was a
dead-letter. The reasons are manifest:
there was no requirement for the estab-
lishment OF rates as a standard to be OBJ
served alike as to all shippers: neither
Was their a satisfactory basis of compari-
son or other measurement for the deter
mination of the ~reasonableness of rates.
AS q practical matter a shipper could not
hope to maintain such a contest under
the conditions that were then existing.
Inc passage of this act was strenuously
resisted ON many grounds. constitutional
aid otherwise. 1t was alleged to be radi-
cal. revolutionary, un-American and an
unJusttfiable Interference with the free
dom Of contract and with ancient com
mercial age 1t was commended that
that government is best that governs
least. But the brutal doctrine Of the sur
vival OF the so-called fttest did not pre-
vail: neither on the other hand did the
passage OF the act mark a recognition of
principles that were radical or revolution
airy: put 1t did give additional evidence
OF the masterful capacity Of the English
speaking people In the interest OF long
recognized principles Of justice to initiate
new and necessary remedies and forms of
procedure to meet u material change in
conditions. This legislation. with its new
forms of procedure. was as necessary to
meet modern conditions and to remedy a
deplorable failure of justice as was the
institution In England hundreds of years
ago of courts of equity and equity pro-
ceedings tc remedy the failure Of Justice
under the common law. which proved in
adequate In many cases by reason of its
universality.