Evening star., 1928-03-20

Published comment on the case of
John j. ESch OF Wisconsin. whose re-
appointment as a member of the Inter-
state Commerce Commission has been
rejected by the Senate. discloses the
effect of conflicting sectional interests.
sharp differences of opinion as To the
power of the commission TO make the
eqlalizing of economic conditions fac
tor in freight-rate decisions and equally
pronounced differences over the right
of Congress, on the one hand. or the
President, on the other. to interfere with
the quasi-judicial functioning of such
a body as the Interstate Commerce
Commission.
The st. Paul Pioneer Press finde-
pendent) calls Mr.. Eseh the goat" in
a situation In which 1t sees Southern
railroad and coal companies. with
Northwestern coal consumers as their
allies. lined up against Pennsylvania
and Ohio railroads and coal companies,
with both sides denouncing the Com
merce Commission for its conflicting
decisions"
''Esch is being punished" declares
the Louisville Courier journal tinde-
pendenD, "for his change OF attitude
in the Lake cargo case. He may be
honest. though his course In this case
does not prove II. but there are many
fully as honest whose service on the
Interstate Commerce Commission would
not be provocative OF suspicion and who
would exert a more wholesome infiu-
ence. Meanwhile. the matter OF the
confirmation of Esch becomes OF sec
ondary Importance. because the coal
operators OF the Southern States have
decided TO take their case into the Fed
eral courts, where they will resist the
unfair decision OF the commission. with
good chances for success"
THE difference Of opinion Is deep
seated. Lately Mr.. Esch and Mr.. Atch-
ison shifted their position. and now
they favor what the Pittsburgh oper-
ators have long demanded and what the
Southern operators say means gross in
justice To the coal field" says the
Raleigh News and Observer Demo
cratic). while the ST. Louis Post-Dis-
patch independently asks I'm the
commissions coal-rate ruling are we
seeing bureaucracy arrogantly dispens-
ing special privilege. its company man
ners roughly tossed aside7"
In the opinion OF the Huntington Ad-
yertiser lDemocTatic), commenting ON
the committee vote, which was upheld
by the Senate. the action us sweep
ing victory. moral and otherwise, for
those who have espoused the cause OF
the Southern bituminous coal fields In
their long fight for industrial freedom
and justice. Mr.. Esch personifles that
vicious theory adhered 10 by majority
of hts colleagues, that the commission
is not only freight-rate -tixing body,
hut an equalizer Of economic conditions
as between industrial sections"
MT fteha ta
publican) insists that IL must be borne
In mind that IL Is not the holding up
OF new appointment. but an attempt
10 punish member of the commission
for giving a decision In accordance with
hts CONVICTIONS decision that I'M
presses those who 80 into The case
lmpartially aA right Proposing 10 IT,
ject such an appointment ana on such
grounds" declares the Pittsburgh paper
"is akin ~ Intimidation VI court. "
The Erie Dispatch-lierald thepuhlicam
maintains that in passing Judgment on
Mr. Esch the Senators have no right 10
20 behind the record. which shows that
the later rulings were based OH new eVl~
dence, reinforced by recent anth0tiaa~
ti0n from Congress to consider sectional
economic conditions In fixing freight
rates
A summarized by the Harrisburg
Telegraph tRnpublicsnl, the situation
appears lo he. Bipartisan politics. pro.
l0ngalion of the mine strike IN the
competitive Pennsylvania field, low
wages paid W0rkingmen IN their own
non~unlon mines. finally The opposition
10 presidential appointment these
are the weapons Used 10 seek = coal
freight diffefential that would enable
the West Virginia and Kentucky mines
10 ship three Times the distance Ia Lake
ports with their cars returning empty
for less Than llle rennsylpRnla mines