The Leon reporter. (Leon, Iowa) 1887-1930, 1915-08-19
THE IRRESPONSIBLE INTER-
STATE COMMERCE COM
MISSION,


MISSION.
Tho western rate decision raises 6
question of the first Importance: Il
control by the Interstate Commerce
Commission the best form of rail
road rate control that can be dovis-
ed under our form of government?
There is mo use in pausing to
argue with men who declare that
there should be no government con-
troll. We have tried that; the abuses
that grew up under free rate-mak-
ing created the commission in the
first place. Control there must be.
Of it?
TO recent decisions, it is doubtful on
the face of things. For the Inter-
State Commerce Commission is q
legislative body, yet it is placed
where the people cannot get at it.
1t may do as it pleases, and does, re-
CARELESS of the popular will.
Rate-Making Not Judicial Function.
Many an intelligent man will tell
you that the commission is judicial
body. So it is sometimes; for chat
matter, it is sometimes an executive
body But it is never a judicial body
when it makes rates, for the simple
reason that rate-making is legisla-
tive function.
Let us make sure of our ground
here; for this is the kernel of the
whole matter. When q judge sits in
a case, he has single duty-to con-
slider what the law is.
A case at law always locks back
ward. The evidence that is present
ed before the judge upon which he
bases his decision Is chosen and ar
ranged to make clear the relation to
the law of the acts alleged or COM
planned Of But whom the Inter-
State Commerce Commission sits to
hear evidence for c rate modifica-
ton, it does not consider what the
Law is; it is making it. 1t looks, not
hack, but forward. We have been
too easily misled by the surface re-
semblance of the proceeding-with
its attorneys End briefs-to a case in
4 law court. In rate-making, the
commission is no more judicial
body than a committee of congress
is when it grants a hearing before
shaping a law; in fact, the commits
sion's duty is exactly the same as
that of such a committee.
II.
! Two Opposite Courses.
Now, in dealing with judicial pow
ers and in dealing with law-making
powers the American people, for 1879
years, have followed two exactly op-
pOsite courses of action. Our consti-
tuition, federal and state, put the
Judge out of the way, where the peo-
PIE cannot easily get at him. He is
IN umpire, chosen to pass On meters
Of fact, in view Of the requirements
of law. All cases at law are specific;
they concern particular persons or
corporations; they therefore excite
prejudice and passion. So judges
are appointed for life, or elected for
long terms; they are expected to
think simply of the relation of the
evidence presented to the law, re-
CARELESS of personal or popular
clamor.
But just as we have tended more
and more to put our judges where
we cannot get at them, we have tend
ed to put our lawmakers where we
can. The history of congress proves
this. To begin with, we had one
popular chamber, with elections COM
ing every other year; this practical
Iy means chance to recall a con
gresham every two years. At frst,
We tried an upper chamber "far from
popular clamor," with a six year
term, and election by votes of state
But we soon found that
direct popular responsibility was es-
sential to good law-making; and, at
ter long years of dissatisfaction with
4 senate many of whose members
bought legislatures and paid for
them, and then altered to suit them
selves laws that the people demand
I'd, we passed constitutional amend
nent that swept away the indirect
election of senator's and made Aem
the immediate servants of the popu-
Ear will.
Turned IT'S Back ON Experience.
New, when congress got ready to
delegate to a special body, which
should sit all the time and so be a
sont of permanent and continuous
legislative committee, the important
legislative function ct making rail-
road rates, it, cautiously enough,
turned its back ON century Of ex-
perience. Instead of putting these
within reach of the vot-
srs, whore all other American law
makers are, congress provided for
body whom the President should APP
point for hong term Of years, which
should thereafter be like a court
absolutely uncomfortable by any
power but itself, so lsng as it kept
within certain broad constitutional
limits. Congress cannot get at the
the president cannot;
he voters cannot. It yields the