| OCR Text |
Show IF. II. Mcl'uuc of Spokane Claims Thai Congress Has Filial Decision About Rales. IMSOPLB 1IAVK BTKRiVAI. RIGHTS TO PETITION ! Sa.rs Thai the United Stales Su-j Su-j prcinc Court Is Not- Resort I of Last Appeal. Social to The Tribune, i SPOKANE, Wash.,. Nov. 13. : ' Enact- men Is to strengthen I lie law to regulate f commerce by the enlargement of tho I mlcrstato commcrco commission and ro(.ection of Iho peoplo from misquo-. misquo-. lation of rales l3r railroads arc among the things contemplated at tlio forth- ! foming scssiou of congress, " Frauk. II. t McC'unc, freight rato expert, said to- con f ly. j Mr. Mct'unc prepared the evidence for tho Spokane case, tho criminal ac- riou agjiinst transcontinental lines tinder tin-der tho present law. When asked about a newspaper report, which hinted that tho powers of tho commission in iho ' matter of fixing rates will be shorn by tho courts, ho added: ' "The purpose of tho article in ques- j tiou is obvious, as it is intended to form the basis for nu argument that such legislation will bo abortive in view of I ho expected decision of tho United "tates supremo court abridging the pow-I pow-I it of (ho commission; at least that such Vgislation should be doferred until the ' ouu expresses itself on tho subject. I .)hiy in the matter of the rights of people is now the chief aim of the i Iruads. Such dolnvs arg enriching, i " Tim people should pav no attention iiatt'ver to such suggestions. Instead I ! aei'epling llterti at par value they 'u uld reject them at once as wholly Mrlliless. They should constantly re- n their determination l.o so perfect j in law and demand its enforcement as j i.o them complete relief from rale discrimination so long practiced "by the railroads in defiance of the constitution." constitu-tion." Courts Cannot Rcgulato Baton. Would rale regulation bo checked should an abridgment of tho powers of the interstate commerce- commission bo decreed by the federal court?" Air. Mc-Cune Mc-Cune was asked. ''It would not," he answered. "Kate regulation is here to slay, and it will progress l.o its ultimate attainment complete eradication of discrimination. If tho judiciary decrees to thwart tho will of congress in its offort to discharge dis-charge its duties imposed bv the constitution con-stitution to regulate commerce, it amounts to no more than a controversy between these two agencies of the constitution. con-stitution. ''The constitution provides independently indepen-dently of congress for tho regulation of commerce among the stales, and as the judiciary is less than the constitution its decrees against the acts of congress can-uot can-uot sot at naught tho authority that gives it existence. "As it now stands, tho interstate conunorec commission is the recognized tribunal for the adjudication of rato grievances and it is proper Hint petitions peti-tions of this character should be. addressed ad-dressed to it. However, when it fails in the purpose of its creation cither by failure to perform (he functions of its office, by judicial utterance, or congressional congres-sional enact in out , the peoplo have re-courso re-courso direct In the government under constitutional provision. , 'Should nny of theso conditions ajiso at that instant tho constitution" would bo invoked in tho matter of rate regnlation. Tho constitution says: Constitution MakoB no Exceptions. "No preference shall bo given by any regulation of commerce to ports (nointoV of ono stato ovor those of another. an-other. "The languago of tho constitution is its own interpreter, aud in this commandment com-mandment thcro iB no qualification whatever as to dissimilar conditions, wator. commercial, railroad competition, such as arc beiug constautb urged by the railroads to excuso or justify their acts of violations of tho constitution in maintaining preferential rates. The constitution emphatically declares that no preference of any regulation under anv circumstances shall bo given, "To invoke tho power of tho constitution consti-tution it is provided that congress shall make no law abridging the right of the peoplo to petition tho government for redress of grievances. Therefore, if congresH is frustrated bv judicial opinion opin-ion in its efforts to provide a tribunal to whom tho peoplo mnv address their netitions and receive adjudication thereof there-of it devolves on tho president that he shall take care that tho laws bo faithfully faith-fully executed. "'Thcro is no greater law than the constitution itself against inequality of rales. The de.partme.nl. of justice is tho go ernmentnl machinery available lo the peoplo for redress of their transportation trans-portation wrongs, tho uso of which no 1 judicial utterance or ineffectual con-) con-) -rressional effort can deprive them of." |
