The Connecticut labor news., 1921-07-15

Ircputation in Kentucky of having a keen eye toward politics.
 l Holds Dual Position.
 | The Interstate Commerce COmm1S- sion is in a dual position in it's rela- tions with the railroads. It acts as a judicial body in determining matters of fact and interpreting questions Ot law. This IS emphasized by the work that 1t Is now engaged i'll laying out a scheme for the consolidation of all Ithe railroads of the country into a
 comparatively few great systems. Its ability to initiate rates, without the prior complaint of either shipper or railroad company would appear as an
 administrative function rather than a Judicial one. It's position has been recognized pretty generally by the
 commissioners themselves, and Com
 dresses has laid stress on this fact and showed how the two respOnSibll- Iities were inconsistent and acted as a handicap in carrying out the judicial functions. The commission neverthe- less has consistently refused to regard itself as a purely judicial body and
 has thereby failed to gai nthe eml- thence and commanding position which
 it could have had for the taking.
 l An interstate commerce cOmmls- sioner's salary is now $I2,ooo. This is the same as that of an associate Ijustice of the supreme court. The lpower and the moral, if not legal, re- responsibilities of the interstate com merce commission, rank 1t next only Ito the supreme court, yet there have lbeen but three members of the com mission who could in fairness be con lsidered unquestionably of supreme
 court rank. T. M. Cooley, first chair Iman; AldiCe Walker, member ot the loriginal commission, and Martin k. Knapp, for years chairman and ap- lpointed to the commerce court by President Taft when that court was Icreated, were men who might have ibeen considered of supreme court lcaliber. The two recent appolntees- John J. Esch and Mark w. Potter Ihave not been in office long enough to
 give an indication of their ability.
 Multitude of Duties.
 The commission has a multitude Ot ldutieS. It is unfortunate and in no Iway the commissions fault. Many of lthe duties are of a petty nature. A Ishipper has trouble collecting an over lcharge of $3o.2I and he goes to the Interstate commerce commission. As sume that the commission took view
 of it's duties which would COnflne them to the judicial, it would in case such ias this be in the position of a magis-
 trate, who might quite properly bring the two paKies of the complaint to- gether and help them to compose
 their differences, much as a magistrate might patch up a quarrel between hus-
 band and wife without formal sep laratiOn suit This is in fact often the
 mode of procedure in such cases. The
 duties of the commission also include
 determining the rate structure of the
 United States, and 1t must decide such questions as that presented by the I New England railroads application for a change in divisions of all
 through rates into and out of New : question involving the relative indus trial standing of New England and the entire rest of the country. The
 judicial determination of justice in 1 such a case is not unworthy of the dignity and ability of the United , States supreme court.
 The scope of the commission : IpoWers and the moral responsibility
 tresting on 1t in such cases have not been recognized by the commission ir I the past Can any lawyer imagine
 for a moment a supreme court justice
 discussing with his most intimate
 friend, or even with his wife or son, { case which was before the court fol final determination? Yet the inter state commerce commissioners have seldom hesitated to lay aside forma rules of evidence and most of them | if not all, have fbeen willing to discus: ] informally with complainant or de fendant, or even with persons not :; n party to the suit, the merits of a cast before them. They have apparent. = felt that their administrative functions l. gave them right to handle thei = judicial functions in a way that would : in their opinion get at results with , minimum of red tape and narrow lega n restrictions. This failure on the par t of the commissioners to grasp tn
 Idignity and power that should b. '- theirs, a tendency to keep their eye >, on the political significance of thei Il decisions-proper enough for an ad 1T ministrative body, but against tn C ethics of the United States courts ] T. and tendency to regard thems elve l. as special representatives of the ship e pcrs has been in considerable measur e tn cause of the failure of the commis II sion to attract men of the Caliber tha '- has been a tradition in the Unite States supreme court