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About The Oregon daily journal. (Portland, Or.) 1902-1972 | View Entire Issue (Nov. 20, 1906)
I- I irnS ( tEGON DAILY JOURNAL, PORTLAND, TUESDAY - EVENING, NOVEMBER 20, 1803. TALKS 0f3 RAILROAD COnLlISSIOtl J - . ' - - ' - ' BEFORE ill ASSO lAIIOIl X" N. TsaJ " Give Exhaustive Argument in Support of the Proposed New Law. TREATS QUESTION FROM ITS EVERY STANDPOINT DUcuaaea Need of Commlaaion, Rem- dies for Existing Railroad Evils and Outlines Plan for Bill to Be Presented to Legislature. J. N. TeaL who hu been the ludw Ha draftlna- the propoaed railroad com Imlaalon but to be presented at the nest leaialature, was on of the principal Upeakere at '-the annual moating of the iBtat Bar association hald In tha olty today. Ha took as hie aabjeot- "A. SUta Railroad Commission" end-discussed tb fundamental laws underlying all legls latlon on transportation subjects snd railroad control. Jn bealnnlns: hls'rs- merteUrrTear eatd: I "I approach my subjeot from a stand lpolnt that might perhaps be mora ap propriate to a aeneral audience than Jone composed of man learned in law.' jHo waver, I see no practical good to ba hooompllsbad by onterlng Into a lont Utsssrtetlon t tha law In ganeral re- Hating to common carriers, or to at tsmpt tha hopeleee -task of reducing to n orderly classification tha decisions lof courts or tha dicta of Judges. Aa brooeed.l. willrXr tfterln funda (mental principles about which I hope I there can b no question. ' ot rrlvate Basin esa ' To appreciate tha questions In krolvad, to understand tha principles on (which proposed legislation la baaed, one bnuat always keep clearly in mind cer tain elementary trutha. About tha first land moat important la that tha buaineas kit carriage used in the aenae I rarer ko It, la not a private business; it is heaentlally a public business, and ai Isuch Is not only a fit subject for con krol and regulation, but In tha very Lieture of -things It la necessary that It Lhould be controlled and regulated. A railroad la a public highway. It la the kvolutlon and development of the toll toad applied to modern condltione through modern Inventions. I "Tha building and maintaining of highways for oommerclal. military and bther purposes baa from ttma immemo rial been a runotlon of the stata, ana trlthout certain emblements . of cover Llgnty a eorporatlon oould not build or iparwte a road, and a eorporatlon as lumlng or engaging la this work ia but ictlng aa an agent for tha state, and hose Investing In this character of en arprlea do so .knowing the conditions nd limitations .attaching to auch In eetmenta. As a corollary to the fore going proposition a carrler'a - charges nust be reasonable and equal and It nust deal alia with all parsons it ervea Reduced to Ita laat analysis he charge le a tan. and tha taxes thus miected are far In axoesa.of ell ether aiea collected la thta country. Aa haa can well said, an attempt by the. ov mment to collect one ' tax from one ittlse'' and w e . -less 1 greater mount from another ' for --the Sana srvloe wpuJd lead to, a. revolution. ,On rtnciple. discrimination between per- one -and pleoea by vaxioua methods, he favoiitlem ebown in many ways, Is in essence treason to me sis is. or hough aa agent of the atete. this agent laorlmlnetee between eltlsens or that tate, A Direct Process sow tV WTT.TiT S afS OVU SnVaaTDM. rant TzitLM the rule when even these etxcueee, If esooeee they can be called, were not factors. " Vajaae Discrimination. - Vnat-dlacrtitilnatlo-fllawd -aa a natural and Inevitable tendencyof un restricted control. All this, too, in ths face of the moat friendly feeling ae evi denced by granta of vast acres of tha publlo domain, by the Issuance of bonds to aid . in construction guaranteeing interest, and many other valuable grants and gifts. -These, abuses created a feel--Ing of resentment, which with time haa only grown the etronger. In this coun try, first the states, than the nation acted, which brings : ue to the point where the leglalaturee wsre called upon for 'relief, and the oourta eppealed to, to define the legislative power. Not un naturally the corporatlone resented as impertinent thle meddlesome lnterfer. enee by legislstlon with a business they assumed leglsJstors oould not possibly u nil era t and, and which from the railway standpoint wss a private business and no more a&bjeot to regulation than a store or y.our office." . Ooea Into History. ' Mr." Teal then went Into the history of corporations end of law ae applied to them. Ha showed that more than 100 years ago Lord Chief Juatloe Hale -BfflaaV4ia4.keld- that-whera-a. .priai veto property wae affected with a pub llo Interest It ceased to be merely - a private property only.. Under thle rule and decision It " had been the custom from time Immemorial to regulate pub lic service end common ' carriers. , Tha atatea first took up the effort to control the carriers In thla country, congress following InJISST with ths "Act to reg ulate commerce." , In 187 the eight eeeee known as the teeememt neat One Vko Wae Cored of a Veetloalarly SNUmfal Torn - of Thle Disease. - - - Of the many forma which rheumatism takes, that which la popularly known as aclatlo rheumatism probably tortures Its victim more thsn any other. That Or. Wllllama' PrnkFlUs have cured Thla atubborn aa well aa painful trouble le a fact proven by the following statement, and no sufferer who reeds this osa af- i .ford., to let prejudice etand In the way of trying these blood-meklng pilla. - Rheumatism ia not' generally recog nised as a dlaeaaa of the blood. Dr. Williams' Fink Pills make aotually make -pure blood. Whan the blood ia pure there oan ba no rheumatism. Mr a. Thomae Bresnehan of 14 Mill street, Watertown. N. Y.. Bays': . "My trouble began with a severe oold which I took about a waek before Christmaa In 1904. I began te have rheumatic peine In my back and limbs and aftsr a, time I couldn't etreighton up. . I Buffered the most awful pain for months and much of the time wee un able to leave the' houss and I bad to take hold of a chair in order to welk end sometimee I oould not stand op at all. My husband' had to help me up and down etalre. The 'pain waa greatest down my left limb, . along' the solatia nsrvs. 'r "The 'disease wee pronounced aclatlo rheumatism and, although I had a good pbyBlclan..and-tookJilsmedlclne faith fully, I did not gat any better. After some six weeks of this terrible pain and euf faring 'I tried Dr. Williams' Pink Pills and that lathe medicine thatoured me. After a few boxea tha pain waa leaa Intense and I could see decided Ira provement. I continued to take the pllle until I wae entirely cured end I have never had any return of tha trouble." 16.000 REWARD The Dr.. Wtlllame Mediolne Co. has authorised tha cashier of the Union National Bank of Bcheneo- Qranaer cases wers decided bv tha an. preme court of -the United Statea. lnTUn'T N- r- Pay-tha urn-tjf-t.00(H the case of Smith va Ames, 1(1 V. 8 144. Justice Harlan held that a railroad waa a public highway and none the leas so because constructed and maintained through the agency of a corporation owing , us existence ana powsrs irom the state. In the oeae of Budd va. New York, 14 J U. 8. . B4t, Justice Brewer hsld that railways were highweye and that the state could regulate them In the changes made by them for service performed. Continuing, . Mr. Teal out lined the law aa It now stsnds in regard to rallroada. He said: . -j Lev As STow Settled. "Without citing further eases, the law ae eettled at thle time le about aa fol lowe: t -.-(.,' i "First Congress has exclusive power over the regulation of Interstate t raffle ."Second -The -. etate - haa axclualve power over Interstate traflla "Third All retea, whether atonal or state, era subject to judicial review. .' Fourth Whether a given rate cherged la so unreasonable as ' to amount to ooiiflacatlun, la aryidlclal question. "Fifth Fixing the 'rate, for tha future la a legislative function. "Sixth The etete can act directly through Its legislature or through a commission. - "On ths trend of the publlo thought of today there cen be no queatlon but that it is in the direction of more thor ough end vigorous control end tbst this sentiment will find expression in ths courts there can be no doubt UV. '-' V ,V. FiupoeeS &aar. ... . V . "Furthermore, tha experience of rtry imM " times ahnwa thet nreetrelned power la certain to lead to buses of the gravest kind. Transpor- btloa le a necessity. By reason of the haraoter of tha Investment, tha large mount of capital Involved, tha nature f the servioe rendered, competition ven if dealrable le rare, and it ia ardly open to dlacuaalon now that un- etrlcted competition le vndestrsbla f'lth the service rendered a necessity, Ith competition preotloeUy Impoeatbla, ubjeot to.no control, what follower incrimination of eevry - eoncelveble lnd. Reaulte that under almllar condl lona, ee long as human nature -le aa.lt i. will alwaya follow. There wee Brat he open rebate, followed by the vicious nd criminal secret rebate, -dlsoMmlna on betwsen persons snd plaoee, In the haracter of service. In furnishing car a, h ratea, in demurrage charges, in expe- Ition of carriage, through "midnight chedulea warehouse prtvllegee, -peases, h rough every method the Ingenuity of lever men could devise. Extortionate hargee followed sxtravsgant end even Irlminal recklessness in the coat . of eliding roede and euch charges were I. ! "We are now ready to consider brief ly the proposed railroad commission law which has been prepared for considera tion -in advance of the meeting ef the legislature In January next. The bill submitted follows closely the most re- rent and Intelligent forme of leglelatloa, particularly the 'Interstate commerce commission act aa amended at the Laat session of congress, and the recently en acted Wisconsin commission bill with ita amendments No atlampt ha made to be original; rether bee the at tempt been throughout to Adapt the beat considered, most efficient, teeted and ap proved legislation In other etetea, la order- that ' the bill aubmltted may be auch aa practical experience and the Jo llclal decisions of other common weal tha fiave comma nddt-, , Featuree of the SOI. ' '.The following la a brief statement of the salient fsaturea of the bill: ; "All railroads, of whatever form of motive power, union depot and terminal companies, expreae, alaeplng car, freight and freight' line, oar, oil and tank line companies, ere made subject to its pro visions; however, the transportation ef passengers by street and electric rail roads la-not. affected, nor are logging and other, etriotly private railroads in eluded. '.'" ' - "'Reasonably adequate - service and equipment le required, and all chargee for the transportation of persona and property, or In connection therewith, must be reasonable and Just, and un just and unreasonable charges ere de 7ThereIs Only One Purely Oregon Life Insurance Company THAT IS IT TP HFM1 tfC upon proof of fraud on the part-of the company In the publication of the fore going testimonial, or any othere ueed In meking known the merlte of Dr. Wil liams' Pink Pills. All druggists eell Dr. Williams' Pink Pilla, or the remedy will be mailed poet paid, on receipt of price, 10 cents per box, elx boxes for (l.to, by the Dr. Wil liams Medicine Co., Schenectady, N. T. dared unlawful end thle appllee to Joint ratea. Discrimination, giving end ac cepting' rebates are prohibited under heavy penalties and ths taking of com- Sensation other , than specif lsd la the iwful schedules. Antl-peee provision fe Incorporated. "For the effective admiiilstratloa of these broad, fundamental provlalona. Man road commission is created com posed of three members, appointed by the governor by and with the consent of th senate, for a term of four yeara. The commissioners are subject to move! by tho governor, upon hearing, for inefficiency, neglect of duty, or malfooaaneo In of fleet Absence of -pe cuniary interest in any railroad Is a required qualification for appolntm to or oontlnuancs In office.. The com mission may sue or be sued: its eee slons may be held where demanded by convenience, and all hearing shall be public. It .haa full power to call for witnesses snd testimony, or the pro duction of books end papers and to ax amine the carrler'a records. - Kate-Making Powers. I ' "The rate-making power of -thr-oonr; mission are In the first Instenoe vtsory, and do not require It to formu late an entirely new echedule. Changes in rates or In classification shall be made only on notice to the commie- elon and the public almllar to that re quired by the interstate commerce act. "Concentration, commodity, transit and other special - eontraot ratea, are permitted if open to the publlo gener ally. The classification of freight on all rallroada shall be uniform. Full power le given for Investigation and istermlnetlon -. ol future reaennahla ratea and classifications, and prescrib ing reasonable regulations and prac tices, aa alao equipment. ' Joint rate routee may be created, end the ehargee apportioned' between , the -carrtara. If need be (section 10). Malawi Meelew. "Judicial - review-"of the proceedings THE rOUOY-HOLDEM' 0OMTAHT. " ".'. ' .'" : ' - ' '' r; - ' ' ; ( Guarantors live Jn Oregon, All q T ) Officers live in Oregon. ,'. j - j, ) SuPP1Ie manufactured In' Oregon. " . V. Investments are made in Oregon securities. Conducted with strict economy.' on lines recommended bv the Armstrong Legislative Investigating Committee, by men -skilled i life insurance business, aided by Oregon financiers, of high repute. -CoUeW adequate -rates -to mike the contract W & lor the in- urer's entire lifetime. , . The policy contracts are liberal to the insurer, and safe for the ompany. :. a . - . ' Send day of your birth, and an illustration suited to vour ace ill be forwarded. 'Addre.M L. Samuel. General Manatrer. Com monwealth Building, Sixth and Ankeny Streets, Portland, Or. of ths commission Is hsd by direct ac tlon commenced In the circuit court on complaint of the aggrieved party, with a a peed y trial insured and right of ap peal preeerved. "Rether than to attempt to regulate by specific, unyielding and drastic .leg islation such subjects as demurrage and reciprocal demurrage,, the commleslon has generally been vested With Juris diction to make proper and reasonable rules,- aa hss been done In Virginia, where a ' almllar provlalon wae sus tained by. the courts. . . Provision ' hae been made for enforcing interchange of traffic, securing adequate and suitable depots . and tracks and the connection ef Intersecting lines, the protection of grade crossings and the reporting and Investigation of accidents and claims against the roads. . "I doubt very much tf the proposed law will suit th 'railroads. - I never heard of one that " did. "They fight every effort looking to control or reg ulation, both in the legislature and before the courts. In doing this, they are meking. In my Judgment, a serious mistake. For one ' thing, having , am ple protection In the courts, they oer- tainiy give the impression that tneir real objections must be because they know their rates are too. high, or that discrimination Is being practiced, or the service Is inadequate, or torn like reav eon. ',. . Important Fee tore of Saw. 'To ray mind the meet Important feature of the lew Is that of requiring the commleslon to ascertain the value of the railroad property and equipment In ' the state of Oregon. ' - This, under the decision of the supreme court of the"Unrted-State.ls -essenttahlf the law la to prove effective. The whole fabric of rate making and control of rates rests largely en the amount In- fveeted. - This state aeuld spend money to no better purpose, or on which It would realise auch returns, aa to ascer tain with certainty the value of the rallroada within ita borders. "Respecting the question of reciprocal demurrage, it wss concluded beat ' to leava this In the hands of the commle slon with power to make rules snd pro vide penalties, rather then present a hard end fast law, which the courts might hold unreasonable end, therefore, unconstitutional. , Veosssity for the taw. "We now come to ths necessity for the law. About the time that legisla tion Is proposed nr haa been enacted there are loud protestations of reform and Indignant denials of any reason for control; but the most cogent answers to all of thla are the almost dally re ports In the publlo press of the-rom-plalnts of shippers end findings of both grand and' trial Juries. ,. "It la all wall enough to" , Bay the mutuality of Interests which should prevail between the carrier and the public will In Itself furnish a sufficient incentive to reach amicable and soils factory understandings without the ne cessity of having to resort te any tri bunal, but it doesn't work In practice. For many yeara the merchants of this .' ' . - ' i'V. . : .J MID -SEASON SPECIAL SUIT SALE f - '-'V ..'-' .rS :: x?s ISt ; WM1 -i 5s ------- V-yTl YimohV'' v . ..;,,.Xr:.S. 1 ?:-' ,' 1 1 ..... ..; :,'.;,;. ;:.::v-.; vlj.; Irfeli " :; i''.'";' : - a. : -i'a, I , ml 'ItI'..M-'-:';'':'.' - II HW . .. k S - V .-,.'... .ty;'.-T"-'':'::'vi-v-- '.;.-:-.::V: H .yr: v ;; ' '' : : : '. A great sale of men's suits, right in the very midst of the season, which for phenomenal values surpasses any previous offering we have ever made to the people of Portland. ' Men's fine Cheviot Suits splendid $15, $18 and $20 values at $11. These are good . winter weights in hand some cloth patterns, just the thing forlbusihess wear, as they will not wear; glossy-'or wrinkie.V-:Thc .assort' ment consists of several lines each of which are somewhat brokenin sizes. Samples of this record-breaking value sale now displayed in our Fourth street window. ' " $15 SALE PRICED $18SALEPRIGE $20 SALE PRICE T Every Garment Bears Our Label Every Garment fully Guaranteed city havs been trying to get lower (Us. trlbutlvarateaeut -of -Portland, nd have thus far tailed In their efforta. rector In Uaf mates. "Conalder the one queatlon of capi talisation whloh is a factor In fixing ratea. , How. la It to be ascertained and treated T le It proper that an enorraoue surplus should be oreated and periodi cally transformed into capital on which dividends are to be paid, more eurpfbe created and the process repeated Indefi nitely, or should ths retea be reduced to a point where a fair return le made on the aotual Inveetmentt Then, again. what le a fair roluftif "Take the question ef changee la claaalflcatlon which -relsee .- or lowere rates by a change from one class to an other. . Who la to determine the pro prietyof - the - change Thin of the numberless dlsputse over ratea, care, de murrage and terminal charges, cross ings, sidings and the hundreds of causes for dispute tto--matters -ever which the eourte have practically no Jurladlotlon, and which - today In thla stata are fruitful cauaea of discontent end trouble, and under present eondl- tlona-What redress has a ehlpperf - It haa been truly said thet - 'In no other domain of oommerclal or Industrial life Is there euch a denial of equal rights before .ue law. Oompetltlom Bltminaeed. Competition has been eliminated to all Intents and purposes by the , rail road managers. t There la no such thing aa open competition in rates, it la well known that they are fixed by mutual arrangement. This, however, le not an evil If all Interests, the public aa well as the carrier, were represented and protected In the fixing of rates. Stability of reasonable rates Is far bet ter for every one than shifting uncer tain - tariff a, Moreover, in any- publlo business' which by Its nsturs Is monop oltstlc, competition is economically un- sound. Such a business should be reg ulated by law both as to eervlce and price. Double capitalisation requlree double payments for fixed ehargee of every kind as well as dividends, with out any resulting good, for nothing Is more certain ae a buaineas proposition than whan combination la possible com petition will oeaae. Boeds right the ynbUe. Tn the second method, that of regu Istlon, the railroads again fight ths efforts of the publlo with all the power at their commend. They won't com pete; and they will not. If they can help it, be regulated or controlled. The people of thle country will no- longer let the corporations, oontrol -U The Issne1) confronts us, snd there will be but oft result It may be long in coming or short, ea events devslop, but if the rail roads contlnuallyflght every effort jf or regulating the enuses incident to unre strained power. If they delay, embarT raas, and hamper the execution of Just lews.-If thnungh the eourte they tem porarily defeat the peoples will. I will venture to predict that the day will Pome when these abuses will be ended, and with one stroke the Oordlan knot will be cut, and the flnel measure of re lief, that of publlc ownership.' adopted. When that day cornea, those who de plore It most will have but themselves tn thank for It No individual ie strong enough to cope on equal terms with these great interests. It Is to the na tion and state we must look for relief. '. Question ef Sesnlte. r "Will any beneflrlsl results follow the creation of a commission with proper powers? There is always a tendency to minimise beneflta and exaggarats de fects or fallurea. The alleged failure of a former commission to accomplish any good Is tho trump card that ia alwaya played and the unanswerable argument egalnet further effort. We ell know that there was a systematic and con tinuous rrusnde Inaugurated against It It waa belittled In every way, end but little encouragement given to Its work, klsny Influences combined both to paralyss Ita influence and lis work. But today there are different conditions j ')' . " V '..' last -10 " yesjTrand-people-'wnderstand these . problems better . than they did then. The roads In this state are now under one control; the local element, then In the directors tea and amongst the stockholders naturally sympathised with- local conditions, now they have all bean eliminated and the greatest factor In our commercial development Is con trolled by strangers whose interests In other directions far outweigh thoee locally. Furthermore. . the , last four yeara baa seen a wonderful change In the conception of one'e duty aa cltlsen. There Is a higher plans of oltlseuelilp. lesuss which have bean lying dormant have been, .'creed, to the front , . Oreateet Obataole. "The greatest obstacle tn the past has been Judlolal obstruction of the law. I do not mean by thla to east any reflec tion on the bench, but to those who are familiar with - the -temporary tnjnno- prevailing. The world haa moved In the Uon,' the dUtlnguishlng' of cases, the 4-enangw flKinmnwrow determination of tne reaaonaoieness ot rates." the "application ef established principles to particular cases, there is little wonder that commissions get dis couraged. There are not wanting signs that tha ludlclarr also see thst the preeent problems are quits different from thoee of a few yeara ago and that the law will have to meet the new eon dltiona Then, too, there are not want ing those who for many reeaone may oppose tho enactment of thle class of legislation, and this opposition is gen erally f QundamQngetheayy shlppersjor. Interests closely affiliated In one way or another with the railroads;- there are othere also. Bo taking It ' altogether, a commission haa anything but a smooth I road before it. but It Is one that, oan be traveled. What ie needed le noneet. strong, determined men, becked by a publlo sentiment that .only, demande justice. If the experience of other etatee le of any lmportanoe tn helping -we to form a conclusion, we flild thet the commission idea le eteadtly growing . and never more rapidly than to the last , four years, until, today Oregon Is one of a little group of flva of the leaa fern portant etatee and territories trlthout eny regulative legislation of thla char acter to speak of. Thirty-one atatea have commissions with more or leee powers, and ail the rest ezoepttng four . or five have legislated In vartoue ways on the subject Moreover, tha tendency Is distinctly toward etrerurthsnlng the powers of ths commissions. :x.sDeag seriously., witn po iii-wui cr prejudice. To my mind there can be but.. one outcome to the question. A nation.' that eacrincea men wiinowi numoee ana - untold mllllonaof money to demonstrate that. lt could not would not live hail elave, half free will never anbmlt to a commercial bondage whloh tn the end would eap the very foundations of oar ' national Ufa" - - - I Which Will Little Girl Win the Gas Range? 's Cookies ef Foot Burners, Top Oven and Broiler and Warming Oven Tht, the question uppermost just now in the mind of every little lass In Port land. Some one of you little girls and every one has an equal chance will be pretty happy on Christmas morning, when she finds Santa Claus has left her a "real truly gas rangeand one of 'the very finest ones there ever was, too; and another little lass will be happy when she "finds a magnificent gas reading lamp value $19 all complete with shade, Welsbach burner and tubing; and fifty more little maids . will find handy toasters. . , ' The Contest Is Open to Every little Girl Under the Age oi 15, Absolutely FREE! Bate a little batch of cookies all yourself any kind any shape, and write u - a little composition on "Cooking With Gas. On December 21, or 22, bring the cookies,' wrapped In paper, to which your composition is pinnedTand on which "you" have plainly written your name, address and .age, to our office. A cpmmittee of well known Portland ladies wiQ decide which little girls have baked the best cookies and written the neatest and best essays, and to these we will award the prises. Then we'll send all the cookies to'some of the charitable organiiatlons for their Christmas feast for the poor. - . ' ' Now, little maids of Portland, don't you think this is a "happy thought"? W know you will all want to try for the prizes, and will all -want to contribute to this Christmas dinner for those who are less fortunate than you. So we know its going to be a grand success. . Prizes Are on Exhibition in Our Windows AT YOUR SERVICE IF lillllJJJ (Gi 17
