Government by Law Or by Commission?: Shall the Discretionary Power to Regulate Commerce be Conferred Upon an Administrative Board Or Bureau of the Executive Department of the Government? A Paramount Political Issue Not Discussed During the Late Presidential Campaign
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act of July administrative supervision adoption advocated amendment American annual message anti-trust appears assumed assumption attempt authority beginning BOARD branches bureau chairman Civic Federation Bill clearly combination Commissioner of Corporations confer connection considerations Constitution contract December decided Department determine dispensing power effects endowed establish evident Executive exercise expressed fact financial interests follows freight government by law governmental House of Representatives hundreds ideas important increased Interstate Commerce Commission involves judicial Judiciary Justice Labor late legislative March March 25 ment merce message to Congress million nature necessity Number object operations opinion physical and financial policy of railroad political President Roosevelt principle proper proposed proved public policy question radical policy railroad regulation rates reasonable recommended regard reported restraint of trade result rule of public secure Senate Senate Committee session special message supervision and control Supreme Court tion United unreasonable restraint views wealth
Page 4 - ... every railroad company in the United States, whose road is operated by steam, its successors and assigns, be and is hereby authorized to carry upon and over its road, boats, bridges and ferries, all passengers, troops, government supplies, mails, freight and property on their way from any State to another State, and to receive compensation therefor, and to connect with roads of other States so as to...
Page 20 - The public policy of the Government is to be found in its statutes, and when they have not directly spoken, then in the decisions of the courts and the constant practice of the government officials; but when the lawmaking power speaks upon a particular subject, over which it has constitutional power to legislate, public policy in such a case is what the statute enacts.
Page 22 - Contracts in , restraint of trade have been known and spoken of for hundreds of years both in England and in this country, and the term includes all kinds of those contracts which in fact restrain or ' may restrain trade. Some of such contracts have been held void and unenforceable in the courts by reason of their restraint being unreasonable, while others have been held valid because they were not of that nature. A contract may be in restraint of trade and still be valid at common law.
Page v - It must be remembered that railroads are the private property of their owners; that while from the public character of the work in which they are engaged the public has the power to prescribe rules for securing faithful and efficient service and equality between shippers and communities, yet in no proper sense is the public a general manager.
Page 4 - That every railroad company in the United States whose road is operated by steam, its successors, and assigns, be, and is hereby, authorized to carry upon and over its road, boats, bridges, and ferries all passengers, troops, government supplies, mails, freight, and property on their way from any state to another state, and to receive compensation therefor, and to connect with roads of other states so as to form continuous lines, for the transportation of the same to the place of destination.
Page 17 - It haunts men like an evil genius, chills their gayety, restrains their wit, casts a shadow over their friendships, and blights their domestic hearth. The freedom of a country may be measured by its immunity from this baleful agency.2 Rulers who distrust their own people must govern in a spirit of absolutism ; and suspected subjects will be ever sensible of their bondage.
Page 15 - The Commission has not been given a general dispensing power to relieve hardships under the law, but its power in that regard is strictly and carefully limited.
Page 8 - ... must be allowed in fixing a just rate; to some extent the result of the rate upon the development of industries must be taken into the account in all decisions which the Commission is called upon to make; to some extent every question of transportation involves moral and social considerations, so that a just rate cannot be determined independently of the theory of social progress.