Regulation of Railway Rates

Cover Regulation of Railway Rates
Regulation of Railway Rates
United States. Congress. Senate. Committee On Interstate Commerce
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Peck. I have not read that case very recently ; but if I remem- ber rightly it was a case where under the act the President was au- thorized to suspend certain tariff duties when he ascertained that certain countries were not giving us reciprocal duties. Is not that itt Senator Clapp. Yes; that is substantially the case.
Digiti zed by Google 1374 BEQULATION OF RAILWAY BATES.
Mr. Peck. But it did not authorize the President to fix the rate, did it?
Senator Clapp. No; but it did authorize the Pre
...sident to do some- thing in conjunction with it which the law itself, operating abso- lutely, fixed.
Mr. Peck. Yes; by Congress.
Senator Clapp. Yes.
Mr. Peck. But it was Congress that did it— that fixed the duty after the President had found certain facts — and it did authorize him to suspend the act, I believe.
Senator Clapp. Well, assume that Congress would declare that rates shall be reasonable, and authorize the Commission to ascertain the facts: Is not the ascertainment of the fact itself, of what is a reasonable rate, really a judicial act?


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