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The Commoner.
mUARY 3, 1905
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MtJMHMt
HE HEPBURN BILL!
HMtiMt
to Hepburn Din, reiaung to me interstate
rimcrce commission, is just now attracting wide-
jjjtad attention. Newspaper dispatches recently
tared that this measure had the approval of
jident Roosevelt It is only fair to the presl-
tt to say that ho has, so far, Bald nothing to
tify this claim. The fact that the Hepburn
; seems to have the approval of many gentlemen
Mpicuous in railroad management, even though
bill was not drafted, as some correspondents
fert, under the watchful eyes of Mr. Blythe, tho
rlingtoir attorney, and tho fact that men who aro
icrally believed to be sincere in their efforts
L bring about reform are opposed to that bill,
rgests, at least, that the measure should bo
refully examined.
The bill is full of defects, and Governor Cum
ins of Iowa points out some of these defects.
vornor Cummins says that tho Hepburn bill
mid be defeated. He says that some of tho
iiectionablo features are a3 follows:
"First It enormously and unnecessarily
increases the judiciary of the United States
md adds an immense burden of expense alto
gether unwarranted. Section 20 provides for
the annointment of an additional judge in each
fof the iudicial districts of the United States.
jl can hardly believe that Colonel Hepburn in
tended this for it would add about one hun-
fdred new circuit judges, as there are about
tliat number or juciiciai districts, it muse do
Hhat he meant judicial circuits, of which there
fare nine.
"Assuming that he meant 'circuits it Is
still true that we have no need of nine more
I'federal judges. Those we have can do all tho
Iwork that Is to bo done, including all cases
fcthat may arise under the interstate commerce
'act, and still have abundant time to take
long and resuul vacations. Federal judges
?are not overworked.
"Second It creates a new court composed
fnf fivfi iudees. with its retinue of clerks,
fcbailiffs, stenographers and messengers, which,
ginstqad of clearing up thing3, will serve simply
lIO Still iunuer Luunit) uui uuijmuaLwu juur
jclal system.
i "Th ernes without saying that the orders of
the interstate commerce commission or any
J.other commission must do reviewaDie oy tne
Icourts, but we have plenty of them already or
ganized, with all their machinery in motion,
loperating upon principles well understood, and
It sincerely hone that they will je permitted
to administer justice in the usual timehonored
fcway.
"Third Section one Is unfair because it
MpLivr the oneration of the rate established
fhv the commission for sixty days and then
fallows the railway company to idefinitely post
pone or suspend it if the court is oi tne opin
ion that tho 'order or requirement' is 'unrea
sonable or unlawful.'
"r fear that in practice the suspension
would occur as a matter of course upon filing
fca bond and I do not consider a bond as of
any practical value to the shipper.
"I think that the only just provision on
i this subject is to declare that the rate made
by the commission shall go into eirect as soon
,as the now rate can be published and remain
in effect until annulled by the final decree of
tho nnnrt. unless the commission is restrained
"by preliminary injunction issued according to
, the established rules of a cour, ot equity.
"The section is further unfair because it
.provides that tho railway company can, in
substance, appeal from tho action if the com
mission reiuses tne renei pruyeu iur. xjio
sauce for tho goose ought to be sauce for tho
r gander as well.
"Fourth I tninic tno Din is peuuuuny uu
PnrfnnntA in rleniandinir at this time, under
p all the circumstances, a new interstate com
merce commission. I agree tnat tne salary
p nhmiiri ho sufficient to comma' - the highest
rtypo of men who have learning enough and
t hreadth enoueh to do justice to the great intor-
E'ests involved; but wo do not need a larger
B commission than we now have nor snouid it
f bo changed in tno manner suggeaiuu uy ui
bill.
"Fifth To sum the matter up, it is 'my
opinion that tho bill proposed by Colonel
Hepburn would givo no relief.
"It rests upon a theory which is radi
cally wrong.
"It is at war with all our notlonB of tho
relation between tho legislative and judicial
branches of tho government It introduces
substantially tho practice of appealing from
tho exercise of legislative power to a judicial
power.
"My own view is that congress should In
- ve3t tho commission with power to make a
rate after hearing and investigation, and to
put tho rato into operation.
"If the commission abuses its power or
exceeds its authority, then let tho courts we
have correct tho abuse or restrain the excess,
using tho processes with which wo arc all
familiarjust as they would do if any other
board or commission exercising quasi legisla
tive functions should commit a wrong."
Those who desire to carefully study the ef
forts to bring about reform on tho railroad ques
tion, will do well to fix their attention on tho
statement made by Governor Cummins to tho ef
fect that the first section of tho Hepburn bill
is unfair because it delays the operation of tho
rate established by tho commission for sixty days
and then allows the railway company to indefi
nitely postpone or suspend that rato if tho court
is of the opinion that the rato is "unreasonable or
unlawful."
When the interstate commerce commission fixes
the rate, that rato 3hould stand until the court of
last resort, after full and complete adjudication,
has abolished it.
If the present movement for a reform on these
lines is worthy of the support of any intelligent
man, it will not bo a sham battle. The people
aro suffering because of railroad discriminations.
The. favored few aro prospering at the expense of
the many. The people of the United States havo
grown weary of meaningless efforts along reform
lines, just as the people of Russia seem to havo
grown weary of imperial manifestoes which prom
ise much but provide nothing in the way of relief.
If anyone doubts the importance of this move
ment ho has but to observe tho fact that men of
all political parties are rushing to the support of
President Roosevelt, under the impression that
the president is sincere in his expressed determin
ation to provide a real remedy.
The people cannot expect relief from any mea
sure having tho sanction of tho men against
whoso impositions that measure Is presumed to
bo directed.
Wo have no reason to doubt the president's
sincerity. He has every incentive to carry this
great fight to a finish. The people, regardless
of political prejudice, aro behind him, lined up,
as it were, in solid phalanx, in defense of their
rights. They have been patient and long-suffering
under grevious wrongs. Measures like tho Hep
burn bill will not satisfy them. The battle has
proceeded too far for the so-called "public clamor"
to be quieted by tho adoption of measures emanat
ing from railroad headquarters.
Tho people aro demanding genuine relief, and
if anyone who has taken the lead in this great
fight is ever tempted to sound a retreat, he will
find that on hi3 journey to the rear he will bo
without a respectable following.
JJJ
The Honor League
President R. H. Jesse of tho Missouri State
University is enlisting the students of that insti
tution in tho Honor Leaguethe aim of which Is.
to cultivate honesty and truthfulness among those
who are attending institutions of learning. Ho
thus addressed them upon tho reopening of school:
I wish every student of tho university a
happy and prosperous new year.
I have mailed to every student a copy of
tho Missouri Honor League College Section.
There is room left for the signature in case
the student choses to sign the paper. If ho
chooses to throw it in his waste basket, ho
has a right to do this also. If he sign3 the
paper perhaps he will use it as a bookmark in.
that volume which he holds most sacred.
-1 should bo glad it every student of the uni
versity would sign the pledge in aecrot before
God, and keep it openly beforo man, without
publishing whether he has signed or refused
to sign. 'That is strictly a personal question
It Is nobody's business to know what any stu-
dent has done with this pleco of paper.
If you do not seo fit to sign it with a pen,
sign it In your heart, with Uio resolution of a
man, and Keep it day by day.
January 7. 1905. R. H. JESSE.
As all tho rules and regulations of a college
are made for tho good of the student it ought not
to bo hard for a pupil to conform to them, but
cheating and untruthfulness in act If not in word
are sometimes resorted to. S'uch conduct is as
harmful to tho character a3 It Is to tho mind and
President Jesse is to bo comraonded for bringing
tho matter to tho conscience of tho students. Hon
esty in thought and act truthfulness in word and
deed these aro more important to tho student than,
education.
JJJ
Good Work
Tho Commoner's special subscription offer is
growing fn favor.
A Douglas, Kan., reader of Tho Commoner,
under dato of Jan. 19, writes: "Enclosed find
draft for $6.C0 for cloven yearly subscriptions to
The Commoner. I expect to continue to work in
tho interests of Tho Commoner, and I think I
can get fifty subscriptions if not more."
A Valley Falls, Kan,, reader, under dato of
Jan, 23, writes: "Find enclosed check to cover tho
onclosed list of thirty new subscribers. This li3t
is a result of one hour's work in this vicinity."
A Walnut, Kan., reader, under date of Jan., 20,
writes: "I receivecT yours of lato dato and tho
sample copies of Tho Commoner all O. K. I
thought I would see what I . could do for tho
Commoner. I received your letter at three o'clock
S'aturday. I started out at four o'clock, got six
new subscribers. On yesterday l got six more, so
I send you seven dollars and twenty cent3 for tho
club."
A Fayette, Mo., reader, under dato of Jan. 21,
writes: "About forty-fivo minutes of tTiis after
noon were devoted to securing tho enclosed list
of now subscribers to The Commoner, from each
of whom tho special club rato of 60c was collected,
the pleasure of disseminating true democratic
principles being ample compensation for tho Umo
thus devoted. Find enclosed list of ten subscrib
ers with monery order in the sum of $6.00 to cover
tho same."
This shows what may be accomplished with
a lit'tlo effort on tho part of those who sympathize
with the work The Commoner Is doing.
Every reader of Tho Commoner is invited to
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tt The Commoner, Lincoln, Neb.
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