Wichita daily eagle. [volume] (Wichita, Kan.) 1884-1886, 1884-08-08
TINE corn,ssuomess' REPORT.

fault of the changes desired or deemed
necessary. To have invested the COM
mission with the power to enforce its
own orders, it would have been neces-
sary to have changed the charter OF
the board aud the scope of its func-
tions aud powers. It would have been
necessary to have given to the com
mission all the powers of the court OF
chancery, TO be exercised within the
scope of its assigned duties, with such
ministerial officers attached to the
board as are usual and necessary 10
such tribunals, to execute its ln)unc-
lions and mandates. 1t would have
rendered it necessary to have institute
ed formal investigation, upon proper
complaint and notice to the company
complained of, and the rendition
of formal judgment aud decree
upon the evidence which should be
submitted to the board. Manifestly, in
such case it would been have improper
for the board to have acted upon
knowledge and information gathered
from personal observation, or the eN
parte statements of individuals, as
much so rs it would be for regularly
organized courts to act judicially up
on evidence which has never been dis
closed to the opposite party to the
suit. The supervisory powers OF the
commission would in such case extend
only to such matters as should be for
malIy brought before it by complaint,
and no such complaint would be made
until some one had become the suffer-
ing victim of some neglect. failure, or
other violation of duty on the part of
a railroad company. Thus the chief
benefits which were intended to be Sc
cured by giving the commissioners
general supervisory powers would be
sacrificed by imposing upon them
those limitations in the exercise of
functions which are necessary 10 I'M
press upou judicial DEGREES the weigh!
and character Of impartiallty.
Generally, the power to make its re-
quirements imperative through the
power of enforcement, is not necessa-
nv in order TO make the requests and
recommendations of the Board felt
and obeyed. We feel justified in fur
Their observing. that as the irritation,
the friction and the misunderstand-
ings which inevitably arise from the
attempt to adapt an extensive and
well established system of transporta-
ton involving vast pecnniary inter
ests, to new and untried system of
regulation. imposing restraints at nu-
merous points where before there cx-
istcd unrestrained freedom, shall wear
away, all reasonable requirement or
advice of the Board will come 10 pos
ses the character of demands to rail-
road managers. Such has come TO be
the condition of things, after the
lapse of time, aud parties have become
accustomed to the new order of things
i'm other states wherein commissions
have been in existence IL number of
years,
There is provision in section II of the
law for the rectification, upon indi-
vidual complaint, of such overcharges,
or excessive charges, or unreasonable
price for the transportation of persons
or property, for the hauling or storing
Of freight, or for any other service AT
forded by railroad company to such
individual, az may from time TO time
occur in carrying on the business Of a
railroad. The Classification of freigh,
and merchandise upon which rate ~ q
fixed does not and cannot embrace
everything that is or can be carried
over a railroad; but there are many
things the carriage of which is not
subject to established rates. La .urh
cases Il charge is fixed for isolated
shipments, which may or may not be
reasonable. There are numerous
other services which railroad com
pany in the course of its business NAV
perform upon which there may he no
regular or established charge, and
for which, on account of the
irreguarity of the service, il
may be impracticable to Tx
uniform rates. a company may
charge, either through mistake or de-
sign, for service in payment for which
regular rates have been established,
a price in excess of the rate. These
and like eases may give rise to ipdi-
vidual grievances which can be re-
dressed under section IL; but we have
not felt ourselves authorized by the
provisions of this section, and upon
the complaint ola single individual, TO
inquire into the reasonableness or
otherwise of the rates, or TO change
them.
To have adopted any other view of
the matter would, rs we conceive,
have bred much confusion and uncer-
tainty. Under this section the c,nn-
plant is, that the price charged is un-
or excessive, not that The
rates are unreasonable, although it il
true that it may happen that the
price may result from the rate. The
board is only authorized to inquire
here into the rcasonableness of
the charge or price upon the service
rendered TO the individual complain
ing, and in the instance complained
of. We can only certify what in each
case of the kind would be reasonable
charge for the service already render.
ed. If the charge Is not in excess of
an existing rate which is charged
alike to all under like conditions. we
cannot cut under the rate in favor of
the individual complainant, for this
would not affect the rate, but only one
particular charge under it. To do SO
would afford the person complaining Il
ower charge than others would get
for a like service. and lower than the
same person would obtain again. UNI
ess with each shipment he presented
4 fresh complaint. This would lead to
endless determinations and uncertain
lies, and indeed would rapidly disin-
tergrate and destroy every system of
If rates: and the railroad company
would never know what price it would
ret from the shipper As compensa-
ion for the services performed for
lin, until the shipment and price had |
been scrutinized by the commissioners,
,r the lapse of time had raised the pre- |
that the shipper was salts
led. Moreover. ii il was intended |
hat the commissioners could modify |
,r change the rates upon the com
,laint of single individual. il was
TO provide the method of
procedure in section Is.
The mode of enforcing rates fixed |
" commissioners has been the subject |
# criticism. The law provides that
he rates which the Board shall decide
o be reasonable, and which shall be
certified to the corporation against
which complaint was lodged. shall be
accepted, and posted up in n conspicu-
'us place in each depot on the line of
he company's road. which shall be
laS iu,ofnl -bx tho nnarl .,l H., |