Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1892-12-22

mitted to Congress. 1t opens with u
review of the reasons that induced the
passage Of the act to regulate commerce,
which are given in view Of results real
Eed In administering the act, and the
necessity for amendments which expert
snce has disclosed. II states that the
commission is gratified at being able to
add that many railroad managers Of
the highest standing now coEcede the
necessity Of government regulation, and
avow themselves in favor Of such fur
ther enactments as will make the rcgu-
lation effective.
"rhe Interstate Commerce law" the
report says, "although the outgrowth of
an aroused and determined public senti-
ment, was compromise bill between
divergent theories and conflicting inter
ests; but those who contrast the prac-
tees which obtained prior to the law
with methods and conditions now exist
ing will have no doubt Of the potential
value of the statute in correcting public
sentiment, restraining injustice and en-
forcing reasonable charges and equal
treatment. So far from condemning
public regulation, experience has cstab-
lished its Importance and intensified its
necessity and the very respects in which
the law has failed to meet public eX-
pectatiOn demonstrate the utility Of
government supervision. 1t is not too
much to say that judicial interpretation
has limited the meaning OF the law, and
ascribed to il an intent not contemplated
when it was passed. But the effect Of
these decisions has been greatly CXag-
gerated; Judicial construction has not
invalidated the essential features of the
statute, nor condemned the general
principle on which il is founded; and
only in respect of appliances provided
for carrying its main purpose into effect
has the law been weakened by the iudg.
ment Of the courts The original act,
passed nearly six years ago, was, in a
measure, experimental, but only two
amending is have been adopted, and
II is surprising that SO much has been
accomplished with 50 little and in the
form of needed amendment
The work of the commission is set
forth at length, including the Interest,"
ing statement that there are now on file
with the commission $4,000 tariff
schedules; also review Of the hearings
and investigations and the cases dis
pose Of during the year. Respecting
these the report SAYS: "rhe character
of proceedings before the commission
indicates that tho main causes of COM
plant arise from determinations and
preferences in rates and facilities, and
not from rates unreasonable in them
selves"
At the request of the Senate commit
tee on finance the commission, during
the last year, directed its auditor to col.
lect statistics showing changes in rates
from the earliest period for which il
was possible to obtain data to the pres
ent time. These statistics, which will
be included in the report of that com.
nittee to Congress on the subject Of
prices and wages, show material de
cline in rates and, classitications pre-,
scribing rates which appears universal
and the commission thinks the mini
mum has not yet been reached.
Under the head of "Procccdings ii
United States Courts" are described
cases in the courts which grew out D
cases decided and investigations madt
by the commission, and which havt
been reported from time to time as they
occurred. The recent opinion of Jus
tice Brewer, in the circuit court of ap
peals, deciding q long and short hau
case, is discussed, and the dictum in TIL
opinion that the total joint rate Of twt
roads is over an Independent line from
lines formed by either road and not tt
be considered in determining the loca
rate of either road, and therefore ma,
be even less than the intermediate .
local rate, is shown TO be without foun
dation either in the debates in Congress
the practice of carriers since the Law
was passed, or the rulings of the com
mission, which, nevertheless, are cite
in that opinion as supporting the nel
theory. 70 protect all intermediate 10
calites and inland centres from the dis
astrous effects of this judicial interpret
alton Congress is earnestly urged I
make such immediate action as will Civ
legislative construction to the wor
Zine" in the statute.
Several amendments recommended b
the commission for the purpose O
strengthening the law are discussed, G,
pecially those growing out of the dec
sion of the Supreme Court that the prC
visions Of section $50 of the Revise
Statutes, granting immunity to wi
nesses required to testify concerning i
legal acts in which they have partic
pated. are not broad enough to meet th
safeguards guaranteed to such a witnes
by the Constitution, and Judge Gresl
ANS more recent decision that Congre.
cannot constitutionally require the Fec
eral courts to use their process to con
pei the production of testimony befoi
non.judicial tribunal. Regarding I'll
proposed amendment by which pooliI
is to be permitted, the report says:
"The attempt to secure the publ
from discrimination, extortion, favori
ism, undue preference, and to secure
every citizen just and reasonable rate
and equal and exact treatment in q
transportation matters, is the vel
essence, spirit and purpose of the lay
and it would be vain To protect carrie
from competitive attacks upon eat
other, if the general public cannot
protected from the greater evils abo
enumerated. If the law is to
amended the two classes of amendment
should go hand in hand. Until the Ia
is made us strong as its trainers intend
in the matters OF fair and stable rate
equal treatment and suppression of +,
favoritisnl, 1t is idle to seek to protl
carriers whose immunity, under I
authoritive constructions of the III
from restrictions intended by Congre
seems one Of the remarkable facts
current history"
Other subjects treated in the rept
are Canadian competition, intersti
traffic not subject to the act, statistic
work of the commission for tile yet
ending June 80, 1891 aud 1892. I'll
crnment-alded railroads and teegra
lines, fourth convention Of railro
commissioners, relations OF raiiw
companies and their employes