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lower in 9 out of the 17 cases that went The railroads might not act in the way up from the circuit court, and in three of described, but the point is that they could these cases the Supreme Court reversed do so; there is no power in the law as it both the Circuit Court and the Court of stands to-day to compel them to adopt a Appeals. Fifth, it is by no means cer- reasonable rate within a reasonable time.* tain that the Commission was wrong and The Hepburn Bill, which has passed the court right. The fact is that the the House by a large majority, provides Supreme Court has not interpreted the that the Interstate Commission, on comlaw according to its manifest and well- plaint and proof that any railway rates or known intent, but in a narrow, technical charges, or any regulations or practices way that has defeated in large part the affecting such rates are unjust, or unreal purpose of the act. It is an absurdity reasonable, unjustly discriminatory, or to rule that the law is valid and then to unduly preferential or prejudicial, may decide that the railroads may escape from determine and prescribe what will, in its the long-haul section by means of dis- judgment, be the just and reasonable similar circumstances created by them- rate or charge which shall thereafter be selves. And many believe it to be an observed as the maximum in such case; equal absurdity to declare that the Com- and what regulation or practice in respect mission may order the discontinuance to such transportation is just, fair, and of an excessive rate or unjust discrimi- reasonable to be thereafter followed. . nation but cannot fix a reasonable rate. The order is to go into effect 30 days after Take the Kansas oil rate for example. notice to the carrier. And any company, The railroads at the dictation of the officer, or agent, receiver, trustee, or Combine raised the rate from 10 to 17 lessee who knowingly fails or neglects to cents. Suppose the Commission had obey any such order is liable to a penalty ordered the roads to cease charging 17 of $5000 for each offense; and in case of cents, that being found to be unreason- a continuing violation each day is to be able. The railroads could appeal and if deemed a separate offense. after several years the case went against It is provided that the Commission may them they could make a rate of 16} cents. establish maximum joint rates or through Then a new investigation could be begun, rates as well as rates pertaining to a single the Commission could make a new order, company, and may adjust the division and after years in the courts the rate of such joint rates if the companies fail might come down another half-cent per- to agree among themselves. The Comhaps. And so on. Even if all the de- mission may also determine what is a cisions went against the railroads it would reasonable maximum charge for the use take 105 years to reduce the rate to 10 of private cars and other instrumentalicents again, calculating on the new basis ties and services, such as the switching of the average period of 7 years required services of terminal railways, etc. No for final litigation. Why not sum up change is to be made in any rate except the process in a single order for the ten- after 30 days' notice to the Commission, cent rate and if objected to by the rail- unless the Commission for good cause roads have one judicial contest and finish shown allows changes upon shorter notice. the business? By the indirect method The Commission may petition the of declaring one rate after another to be Circuit Court to enforce any order the unreasonable the Commission has now railroads do not obey. And if on hearthe power at last to fix the rate. The ing “it appears that the order was reguproposition to allow it to name a reason- larly made and duly served, and that the able rate is only putting in direct, brief, carrier is in disobedience of the same, effective form the power it now has in

*See The Heart of the Railroad Problem, Little, indirect, diffused, and ineffective form. Brown & Company, Boston.

the court shall enforce obedience to such the pressure of great private interests order by a writ of injunction, or other driving the railroads into the practice of proper process, mandatory or otherwise, favoritism. to restrain such carrier, its officers, agents, The history of railroad legislation in or representatives, from further disobe- this country shows that the railways do dience of such order, or to enjoin upon not respect or obey the law when it conit or them obedience to the same.” Ap- flicts with the fundamental financial inpeal may be taken by either party to the terests and orders of the railway owners Supreme Court of the United States. and trust magnates, whose gigantic power The Commission may in its discretion represents the railways sovereignty and prescribe the forms of all accounts, rec- control in America to-day. ords and memoranda to be kept by the On page 3 of the House Report, 59th railways, and provision is made for in- Congress, 1st Session, No. 591, January spection as follows: “The Commission 27, 1906, accompanying the Hepburn shall at all times have access to all ac- Bill,. the Committee on Interstate and counts, records, and memoranda kept Foreign Commerce says: “It is proper by carriers subject to this Act, and it shall to say to those who complain of this legbe unlawful for such carriers to keep any islation that the necessity for it is the reother accounts, records, or memoranda sult of the misconduct of carriers. . than those prescribed or approved by the If the carriers had in good faith accepted Commission, and it may employ special existing statutes and obeyed them there agents or examiners, who shall have au- would have been no necessity for increasthority under the order of the Commissioning the powers of the Commission or the to inspect and examine any and all ac- enactment of new coercive measures." counts, records, and memoranda kept What reason is there to believe that the by such carriers."

railroads will accept a new statute in good This law, if passed by the Senate and faith and obey it any more than any forput in force, promises to operate as a se- mer law? On the contrary, the probarious check upon the abuses connected bility is that if the Hepburn Bill becomes with private cars, terminal railroads and a law the main effect will be to compel midnight tariffs, but it does not touch railway managers and counsel to sit up nine-tenths of the methods of discrimina- nights for a time planning methods to tion. Between 60 and 70 different meth- evade and overcome the new provisions. ods of unjust discrimination between Even if Congress gave the full power at persons and places are in use in our rail- first demanded by the President, the way business to-day. The fixing of a power to fix the precise rate to be charged, maximum rate cannot prevent either the general effect would probably be, as secret rate cutting or favoritism in facili- affirmed by the railway president quoted ties and services, nor even open discrimi- in the February issue, that the railways nation in the arrangement of classifica- would exert themselves to control the tions and adjustment of rates between Commission. They have always at hand different localities.

the weapon of practically interminable No doubt this law in the hands of an litigation, and it is very doubtful whether able and honest Commission would do the railroad representatives in the United much good, but it cannot reach the heart States Senate will permit any law to pass of the railroad problem which, as we saw until it is amended so that the review in in the February number, is the unjust the courts shall go to the merits of the discrimination between

and Commission's order in each case. Powplaces. No amount of maximum rate erful interests are opposed to any profixing nor prescribing of regulations can vision that will permit the fixing of a rate, destroy discrimination so long as we have even a maximum, to go into effect before it is approved by the Federal courts. to exert, could not eliminate unjust dis

persons

We are heartily in favor of the Hepburn crimination until it nationalized the railBill and would be glad to see far stronger ways, and so destroyed the root of the regulative measures passed, but nothing evil, which lies in the antagonism of inmore than a moderate palliation of the terest between the public on-the one hand, railway evils under which we suffer must and the owners of the railways and assobe expected from such legislation. Eng- ciated industries on the other. In this land with her rigid control has not been country, where the railroads exert much able to stamp out railroad abuses, and more control over the government than the lesson of English railroad regulation the government exercises over the railis that the subjecting of private railways roads,* there is not much hope of eradito a public control strong enough to ac- cating fundamental evils with the toycomplish any substantial elimination of whip of the regulative measures now discrimination and extortion takes the pending and likely to be enacted by Conlife out of private railway enterprise along gress. with its evils. Even Germany with all

FRANK PARSONS. the power its great government was able Boston, Mass.

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JUDGE LINDSEY: A TYPICAL BUILDER OF A

NOBLER STATE.

AN EDITORIAL SKETCH.

A

I. FUNDAMENTAL WORK FOR THE RE- every true man and woman, to every be-
DEMPTION OF THE ERRING YOUNG. liever in democracy. And just here we

wish to point out a fact which cannot be SHORT time since we called the too impressively or too frequently em

attention of our readers to the phasized: Every great world-movement great educational reform being inaugura- possesses a dominant or vitalizing ideal ted by Mr. Wilson L. Gill in the School or master-thought which, however hidden City movement-a reform as basic in it may be, is the mainspring of action. character as that of Pestalozzi and Frö- Now the master-ideal or moving and vitalbel and more pregnant with promise for izing spirit of democracy is justice illudemocracy than any advance step that mined by love--it is altruism as contrasted has been taken since the dawn of the era with egoism. Its passion is for humanity, of popular education. This month we for the all, for the elevation, the prosinvite the attention of our readers to the perity, the development, the advance work of another true builder of a nobler and the happiness of the whole people. civilization, a fundamental thinker who The true democrat must of necessity be has brought brain and heart to bear upon a lover of the race.

a lover of the race. He must be ready to solving one of the gravest and most im- work, to sacrifice, and if need be to suffer portant problems of society.

for others, --work, sacrifice and suffer The work inaugurated and carried that all the people may enjoy the same forward with splendid success by Judge opportunities and rights that he enjoys. Ben. B. Lindsey of Denver, Colorado, is of such a nature as to commend itself to Equity Series, Philadelphia.

*See The Railways, the Trusts and the People,

Whenever we find true democrats-men And so it is with Judge Lindsey. He who understand the great principles un- is a true democrat in that he places the derlying democracy, who believe in them interest, the happiness and the uplift of and live them as did Jefferson and Lin- all the people above all considerations coln—we find men with a passion for the of self or of any class; and he is preëmirights of all the people, men whose hearts nently an apostle of justice, with the go out in loving kindness to all, but es- breadth of vision of a true philosopher pecially to the unfortunate, the weak, the instinct with that all-consuming love that oppressed and the down-trodden with has marked the lives of earth's noblest the same great love and yearning that and greatest benefactors. were manifested by the Prophet of Naza- Some years ago his attention was called reth.

to the methods pursued by the state in On the other hand, whenever we find the treatment of juvenile offenders. The men who stand for class-government and more he studied the matter the more privileged interests, we find men in whom thoroughly he became convinced that the secret wellspring of action is egoism, the attitude of the state toward offending men who exhibit that infidelity in regard children was marked by a brutal indifferto moral idealism that is fatal alike to the ence to its most sacred charge and an cause of justice, to the rights of man and ignorance or shortsightedness that repreto the triumph of democracy. Hence in sented the extreme of folly, because it proportion as commercialism advances; fostered crime and thus entailed great in proportion as privileged interests be- expense on society while lowering the come dominant in business and political morals of the community. He believed life; in proportion as reactionary con- that an entirely different course would cepts and class-rule ideals permeate gov- save to the nation annually thousands of ernment, we see indifference to the rights boys and girls who under the prevailing of others and especially callousness in treatment were becoming hardened crimthe presence of the weak and the help- inals—a curse to themselves, a menace less if they stand in the way of the ad- to society and a great expense to the state. vance in wealth or power of the repre- He believed that while every considerasentatives of privileged interests and re- tion of economy and of ordinary business actionary ideals. Moreover, when ego- wisdom imperatively demanded a radiism flourishes we see little attention given cally different method of treatment, above to fundamental reasoning along social, and beyond all this there rose the demand economic or ethical lines. There may of justice to the child, to the state and to be a great show of interest in palliative civilization, which the old treatment of and superficial remedies for acknowledged the young offenders ignored. He saw wrongs and widespread misery, and much that where property was concerned the ostentatious charity, but there will be state was zealous in protecting the interlittle earnest work for justice, little of that ests of the child, holding that the child love of man displayed that sinks all was irresponsible till he arrived at his thought of self for the weal of the people. majority and appointing guardians for

When we find workers for a nobler his property interests; but at the same civilization who are fundamental philoso- time, in most commonwealths, the child phers, we find men who are at heart al- of ten who committed an offense against truists, apostles of justice, democrats, the law was held accountable and punusing the term democrat in its broadest ished for the same, while the parents and noblest signification as meaning one whose carelessness and indifference in who opposes class-rule, privileged inter- many instances made them the responsiests and whatsoever is inimical to free ble criminals were ignored by the departinstitutions.

ment of justice. His experience in dealing with crime showed him that the young view the fact that the young are largely were in a vast majority of cases the vic- irresponsible victims, he has made the tims of environment, the plastic instru- School Court a genuine state confessional, ments whose downward inclination was where the young have learned to know due largely if not chiefly, to improper, that they will receive loving, sympathetic careless or negligent home influences; and strengthening counsel and advice in bad associations on the street and careless all efforts to atone for wrongs and to beindifference on the part of government come strong, brave, self-respecting men and society together uniting to make them and women. The Judge never lets the transgressors before they had arrived at the child feel that crime is to be justified, but age when the character is formed or they he also always makes him see that in him, have any adequate realization of moral the representative of the state, the weak relations. More than this: he was sat- or offending one has a loving elder brother isfied from a study of the problem, sup- who understands the trials and temptaplemented by close personal observa- tions that beset the offender and who tions, that children around whom home stands ready to save him from disgrace and state threw their combined protect- and prison and to help him upward and ing care in a loving manner would rarely onward. become other than honorable and useful Heretofore the state has been concerned citizens. The great need of the child was with the reclamation of stolen property the correcting so far as possible of en- and the punishing of criminals, without vironing conditions, reinforced by moral any due regard to the salvation of the stimulation authoritatively yet lovingly little offenders. As a result children have enforced by the state. Crime cannot be been arrested, disgraced, imprisoned and justified and society must be protected, allowed to mingle with hardened crimibut if the children be regarded as victims nals; and often the slight offender has rather than as responsible moral agents, through this cruel and unjust process and the state keeps in mind the awful become a confirmed law-breaker, a menresponsibility devolving on it in the pres- ace to society, a constant expense to the ence of a human soul, and if it recognizes state, and a curse to his family and to the wisdom and policy as well as the duty himself. of saving the child as a self-respecting All this, so far as Denver is concerned, member of society instead of through an is past, and the results that have followed indolent, short-sighted, brutal and ignor- have more than justified the most sanant course making him an enemy of so- guine expectations of Judge Lindsey and ciety and a curse and expense to the state, his co-workers. Hundreds upon hunone of the greatest and to civilization dreds of children have been saved to the most fundamentally important victories state without the humiliation and degraof modern times will be won.

dation attending the old methods. HunNow to demonstrate the truth of his dreds of children are to-day among the enlightened conclusions, which it will be brightest and most promising of Denver's noted are in perfect alignment with the young citizens who under the old system ethics of Jesus, Judge Lindsey consecrated would have been in reform-schools or his life. Legislation was secured neces- prisons, or Ishmaelites of civilization, sary to make the parents responsible for embittered by the deep conviction that the misdemeanors of the children. This the state was their enemy and with the

a great victory. Next the Judge feeling that they had little or no chance addressed himself to the attitude of the of a fair show in life. state toward the offending child, intro- The course pursued by Judge Lindsey ducing an innovation that was thoroughly has demanded work, patient, tireless, revolutionary in character. Keeping in loving service such as only an apostle of

was

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