The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-03-07
Reprinted from the Yale Lac Journal.
ny WILLIAM W. COOK,
Author of Cook on ttons''
and General Counsel Of the
NRckay Cos.

%EVEN men have been Delegated
To dominate the interato,e com-
merce of America. Docs moi
that fact I'm itself smell failure?
What practical man knowing the stu-
pendous task imposed upon those
seven men would imagine nyen for
enc that they or any other
single body of men couId s,ccessruuy
cone with IL? Tao Interstate cam
merce Commissioners hav. done THAR
hest Angels could do no more ur,
,hey have utterly failed tn satisfy
stther tho publjc ar tho rai;r,nJs
Nevertheless they have performed at
least one high nrhlic servic. They
hays demonstrotcd thar no .ommis.
aon. however intclliron, and nscior.
,fous can control the tumultuous cross
currents oY nuhlic d.mands n, IN, ono
hand aud those of ratlro,d a~n,nci,l
necessities an rho o,hcr Thny have
shovn tha, psitbor cour,gs NOR h,,ins
vii, svs,oi, ,,cb an ounr, ara ,h,s,
usho ot,smn, Z, viii sooner nv l,ter no
,r. wn INTO and n-V.rwhoIn,od ~.
yeritable' whirlpool of thought and
actton
Railroad nroblens ,-e ,oo romnl.v
"a ba .oIved no n c,mn,ission Com
rn1s,,op. IN us,c, ,o nohitc rounlain,s
corroc, abuse. and ,ny,l,,c .ery,co ar.
"a success I'm, , commission IN con.
,ro, r,i,ro,a ra,as and +har,b,- dnnI.
nate tho railroad world 81 this country
a. a menace and a failure
The combining of legislative Judi
c,al and executive functions 4, ron.
trarv 10 American history and policy
II ,e desno,ic I'm i,s nature dangerous
in its mower and disappointlnc IN re-
suits. II cannot and should no., last.
II never should have been attempted.
Chancellor Kent in his Commentaries
said that the separation of the legisia-
tive. judicial and executive depart
ments was essential TO peace and
safety in any government" one hun
dred years later. in the United States
Senate, on September 30. 1914. Senator
Borali. speaking of commissions said:
We not only place in the hands 81
these few men the ordinary reins Of
government. hut We clothe them with
NJ unlimited and undehncd discretion
which amounts to the Judgment Of ar
bitrary power
Rate making IL a legislative fun"-
ton. while rate review i a Judiciu
function. How can We expect a COM
mission To perform poth' especially III
view of the dismal nature or tho Legs
lature and courts 20 solve w" prom
lens OF railroad rate making ana
railroad hrance: HNIIroad 'omihlS-
sion rul" x based on the economic
mistake or authorizing 'he ""vtr 70
hr the price run a "o"rf 10 p''t'ht
dbSoinf" bdhEr"p'"b o' "' S'''''
requires no foresight 20 see that thi'
sort OF MN cannon la't. Inc pupl'
10 ALREADY dissa'iSned Win the con-
dition OF the transportation p"slH-SS
IN MS country uhoer commission run
NOT very long age the mouerh run
lie service Commission was charde-
terlzed ny a ftner"i court % 'VI"7
practically compIalhant Pros"cu'"l,
Judge Jury ana sher'n' "hat "'u''
the court say ho" "hen the iesie,a-
w power OF rate Hldhl"s "'S "','
been ADDED 20 its duIlesF rms ie""s
10 cnaos IN the wa! VI uheNPe'''u h"'
starting changes III oeeis'ohs anu POI
icy. witness the recent Volte FACE oi
the Interstate commerce ,ohiihiSs'on
IN granting an increase III ra''roa'
rates.
The reason OF rms resort 20 ON
mission rate making Is pam Il RAJ,
ROADS. and more particular! 'h' wan
street mtGna'cS cohtroI'Il'
them, were last attaining "scrnoe'vy
over the It's pohticS' .s
wealth. n the very government ~
self. vas lmpoteh'' IN"
courts lnterd'cted abuses ohly u" "F
them N "ho'ncr lor"h' ""
ownership was su1-
Hested as ,the one pest re"eu!' mn
came the hope or aVoidihs TINS issue
~ commission RUE ana uhe country
eagerly grasped az H. me net resui,
u tnat we no" Nho" tn"' 'he '''aH,'
conhlct OF lh'ertet pe'"eeh thN ran
roads n the punhc cannot ne settled
by med'ation ana COMPROMISE lHey
have got TO De un''ed IN some way
We cannot go PACK 10 'he olu sys-
tenn or free railroading' Even ran
road men admit II IL IL anger
~. full OF abuses AND altose'her IN
tolerable. witness the New raven
episode. The country mas had enough
Of that kin OF railroad control.
Government ownership Is SUI! avail
able. but the country IL AFRAID or H. IL
is Incompatible with our republican
~instttutionS II would dominate the
government itself, in politics. hnance
and policy. II would mean an orice-
hAIAtno .Nt On rob MANY ye0rA nHO "A