$0th Muy.
Tue recently telegraphed announcement that the Senate had passed the Railway Rates Bill with amend-monte chiefly providing for the ratification of the decisions.of the Interstate Commerce Commission by the Law Courts, against which President Roosevelt long fought, has had the effect of directing ab-tention in this part of the world to subject which has been discussed in the American papers for many weeks past, and the importance of which, perhaps, most of us have failed to grasp.
The Bilfisstmaple in form, its mos important clause being that which ives the Interstate Commerce mission power to prescribe maximum rates, appeal lying only to the courts. Full publicity of rate schedules and classifications is enjoined, and provision is mede for private car lines and icing and terminal charges. It is considered by many, however, that the most important consideration is the fact that the Bill empowers the commi fix the rate. "If the commission fixes the rates it will control the railroads. S" long as the railroads fix their own rates they can evade control by the commission." On the other hand, the Bil! is condemned because it confers judicial powers upon the commission. "The form of the proceeding is judicial, There is to be a hearing, evidence is to be taken; both sides are to be heard: the commission is to deliberate upon the facts and the evi before it, and render its decision." While this is precisely the mode of procedure of any ordinary court, it is the opinion of many constitutional lawyers, some of whom are Senators of the United States, that this is precisely what an Interstate Commerce Commis-cannot constitutionally do. However, in the debate in the Senate, many lawyers did not accept this view. But the Supreme Court has decided that "the enquiry into, and determination of, the reasonableness or unreasonableness of a railway rate is a judicial function." "Judicial functions," says the
Text read from the printed page and cleaned; old type leaves the occasional error.