The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-07-09
RATES FOR HAULING GRAIN.
RAILROADS FIGHTING THE PROPOSED
SWEEPING REDUCTION.

SWEEPING REDUCTION
Mr.. Walkers Argument Against the Lee
EaIIty OF the Action Threatened by the
| Interstate Commerce Communication.
| WASHINGTON, July SIN accordance with
| the terms OF n Senate resolution which passed
| that body early in the session Of the present
! Congress the Interstate Commerce Commits
| sion recently made an inquiry into tho allcga-
| tons that have been made from time to time
| that by reason Of excessive freight rates on
| railroads subject to the jurisdiction OF the
Interstate Commerce act the great portion OF
the country lying between the Rocky Mountains
and tho principal food distribution centres OF
the East finds itself unable to market
its food products and obtain for them tho
actual cost OF production. The investigation
made by the Commission was very thorough
and elaborate report in which the whole sub
ject of the shipment OF grain was discussed
was made to the Senate. In this report the
Commission gave it as its opinion that any
rate or greater charge from the Missouri River
than seventeen cents to Chicago and twelve
cents to the Mississippi, enst SIDE was eXces
sive. and that the rates should DO 80 reduced
aud adjusted, and that reduction OF two
conts should be made from all stations west of
the Missouri River in Nebraska and Kansas 1t
also held that tho rates on grain from Kansas
longer distances, and grossly excessive and
eSorbitant for the shorter and should be re-
duced.
Tho Commission followed up this report by
issuing notice 10 large number OF railroad
companies telling them Of its purpose to make
an order based on it's findings. and Offering the
companies an opportunity to be heard and TO
present reasons why such an order should not
be made. To-day was the time set by the Com
mission for the hearing of these arguments
when tho Commission assembled this morning
the Hon. Adace +. Walker, formerly a member
OF the Commission. appearing for about TWEEN
ty-nve railroad companies. submitted an
elaborate print ed response. in the nature of an
argum mt. as reply to the notice issued by
the Commission. This argument contained n
motion to dismiss the pending proceedings for
want of jurisdiction. The argument holds
that IL the conclusions oil the commits slon were
carried into effect they would produce these
results:
/. The immediate reduction OF more than 10 per
e ef Of aI 10 IGI tTS
points and OF nearly IL per cent OH lake rates 10
Of more than 10 10 per cent on the rates
Arcduct,on even larger than the latter IN the rate
on wheat from M sane states 70 the same P0inlS
Ka3sas ana %e mHs per ecu" from al" points III
KINDS q srsin and NIL prcdncts from ali points in
the rate, on
corn. aud n much larger reduction wheat the
Missouri River and points III Iowa TO Chicago and Mis-
ssSippi River points , =, =,
South Dsk"iN Worth pako and ainnes S" 'A'e' from
The Of ae TO rnss as may
The establishment Of an arbitrary rule under which
and The rate upon wheat and Its products Shall
be but ID per cent higher.
Each OF tho foregoing propositions" Mr..
Walker continues. If carried into effect would
very largely reduce the earnings of railroad
MEG nnpnpa1 in tho TRANSFORMATION
the products named. Taken together tho re-
suit would be simply enormous. Tho proposed
order in every part relates to the rights OF citi-
zene. It should be unnecessary to call ntten-
tion to the fact that under our Constitution no
citizen can be deprived OF property without
The status OF the. Commission. Mr.. Walker
tain. Many OF their acts he says, are quasi
judicial. although In some respects the nature
OF their functions Is purety admipistratiye he
to show why no order should be made by the
Commission upon the present record holding
that US heretofore universally understood and
practirod. IL proceeding intended to result in
the announcement OF IN order by the Com
upon n complaint instituted by some known
and responsible person. or upon determine
ton OF lie Commission itself to investigate the
;ercsted must be distinctly aDDrsed OF the
complaint in advance OF the Investigation and
notified to make answer. and be hoard there
on. ] he prcamb BILE and resolution OF the Senate
which constituted the warrant for tho inquiry
tqins are entirely inadeluaieto serve as COM
plant upon which acton BY the Commission
in its Guasi-Judicial character can be based.
Again. 1t is contendcd. no notice was issued to
any carrier TO satisfy the complaint. or an
swer the same and that n reading OF tho notice
o! the Investigation made by the Commission
is sufficient to show that the Commission gave
no information of any proceeding intended to
result In an order for the reduction OF any
specified rates
In considering the work OF the Commission
while travelling over the West conducting its !
investigation the argument says that no ap- |
pearanceS were entered Of record by counsel. |
No representative OF any road undertook to
watch what was going on except at the points
whore he happened to be in attendance. The |
officials of carriers in Attendance varied as the
Commissioners moved from place 10 place. No |
one paid attention to the matter in tho way
OF preparing o defence suggesting arGu- |
ments. All, however. took part in assisting TO |
develop tho facts In every direction which the |
Commissioners indicated. The only way in |
which an order OF the kind contemplated by
tended. is 10y the institution OF proceedings de |
1.orO. which shall 10 addressed to particular |
roads. and shall contain alleg ions concerning
particular rrtcs which are considered uurea-
sonabc. and which allegations the parties de- |
lendeEts shall have an opportunity to answer |
ana defend upon hearnG and consideration in
the usual way
The Hon. Benjamin Bristow, in behalf OF the |
New York, Lake Ere and Western. was also |
present and demurred to the jurisdiction OF |
the Commission in the present proceedings. |
The arguments were filed, and will he takon |
undor consideration by the Commission.