The Indianapolis journal., 1893-12-12
LAWS FOR RAILWAYS
Annual Report Of the Interstate
Commerce Commission.
Object of the Statutes Governing Conn.,
mon Carriers-Rulings of the Court
and Recommendations.

WASHINGTON, Dec. 1.-THE carrying
and shipping interests OF the country are
so great that anything which affects them
is always read with interest by business
men generally. For this reason the an
nual report of the Interstate commerce
Commission is eagerly awaited. Edward
A. Moseley, secretary Of the commission,
furnishes a synopsis of this years report,
from which the following extracts are
taken:
Attention is called to the peculiar Office
or common carriers and the dependence Of
every occupation upon their facilities; the
right of every person to receive just and
equal treatment In all that pertains TO
public transportation, and the paramount
purpose of regulating enactments to secure
to the people the actual enjoyment Of this
right. There must be common and public
rate, prima facie just and reasonable,
which measures the lawful charge of the
carrier. Two classes of questions are in
volved in the consideration of a rate: One
relates TO the methods by which the justice
and reasonableness of a rate Is determined;
the other to the measures by which OBJ
servance of that rate is to be secured.
Departure from the established tariff in
cludes the offenses Of rate cutting, rebates,
under billing false weighing false classi-
fcation, and endless other devices by
which unjust discrimination is effected.
The only effective mode OF dealing with
Determinations arising through departure
from the public rate is to place them in the
category Of criminal misdemeanors. Any
redress by means of civil action for dam
ages is manifestly Inadequate If such of
lenses escape detection and punishment IL
is not because of defects and weakness In
the criminal machinery for that purpose,
= but because those charged with the admln-
istratiOn of criminal law are unable TO
In cases arising under the act to regulate
commerce the guilt does not consist in de-
termining what constitutes a criminal act,
but in uncovering the guilty TRANSACTION
and bringing TO justice those who engaged
in 1t. That the public tariff charges are
frequently departed from IN particular lo1
other prohibitions of the statute disre-
garded, is believed by many to be true.
The legal truth or tnese VloiatlohS may
not be obtainable, yet the fact or their
occurrence is moral certainty. To
attempt the determination Of Illegal prefer
enceS by executing penal provisions or the
demned transactions, to discover the par
ties who participate in them and secure
them to conviction and punishment is, OF
course, a difficult undertaking.. In view OF
these facts 1t may be sg3ie t,on Ior sbo1d not
seek to lessen the evils Of secret discrtml-
nations by endeavoring to remove their
With reference to the methods of correct
ing wrong-doing which results from making
and adhering to unjust rates, the commis-
sion says the Importance of this subject
can hardly be exaggerated. 1t involves the
investigation of existing tariff rates and
authority for their alteration when found
excessive or unequal. These tariffs. or
standards of compensation, ere devised by
the railroads themselves and represent their
notions OF proper remuneration save as
they have been corrected 10 Some extent
through the agency of this commission
The great body of producers and consumers
who are so vitally affected by the cost of
transportation, and completely dependent
upon this unnecessary service, have no
voice in fixing the scale Of charges, and
little power to prevent eXactions or inequa-
ity, except they may demand the inter-
vention of federal authority. There is a
growing conviction of national duty in this
regard, and the notion that the strong arm
of government should hold the balance OF
power between the curriers' and the people
has taken a firm hold upon public opinion.
To investigate these tariffs require their
correction when ascertained to be unfair
or oppressive and determine what are just
and reasonable rates for public carriage is
a governmental function of the highest util-
ity. Transportation is a constant and uni
versal necessity, and the state is bound TO
see that the terms upon which 1t is FUR
nished are not burdensome or unequal.
ADMINISTRATION OF THE STATUTE.
Many railway managers unable TO set
aside the training received in railway SER
vice prior to the passage of the act to
regulate commerce, view obedience to that
statute from the standpoint of a private
corporation rather than that of the public
agency. In some judicial proceedings, also,
the design of the act to prevent, we'll
cure, transportation wrongs, and that it's
provisions should be construed literally in
favor of the reforms it was intended to
effect, have not been fully recognized. But
resistance TO regulation IS diminishing, and
the trend of judicial decisions is toward
holding interstate ra1l-carrlerS to more rigid
performance of their public functions.
The law was intended to bring about sub
stantially reasonable charges, reduce per-
nlcious favoritism to a minimum, and make
carriers bear in mind the statutory admoni-
ton 10 refrain from giving undue prefer
ence in rates or facilities TO persons and
places: Altnoush all expectations have not
been fully realized. the operation and ad-
ministration of the statute have brought
about reforms in transportation which,
compared with the evils that existed prior
patton.
Extortionate charges are seldom the sub
ject of complaint, and immense amount
of injustice, caused by improperly adjusted
rates and by preference in facilities, has
been corrected by the commission. Tie ef-
feet of a ruling of the commission, direct
ing revision of rates, is shown not - be
confined to relieving grievances of partic-
these rates, and frequently affects rates on
other lines. The act provided what the
by which to test the relation of rates
charged to different persons and at differ
ent localities The fear of greater discrim-
nations or eXactionS no longer deterS per-
sons from complaining of carriers illegal
acts. A carrier has not the power to
punish shippers for protesting against its
wrong-doing
Boards of trade and commercial associ-
ations have, individually and through their
national organization, passed resolutions
recommending amendments of the act with
| a view to increasing it's usefulness, and
managers of the most important railways
| have also declared their belief In the util-
ity of the laws provisions and their con-
fidence in the body charged with it's ad-
| ministration. This is sufficient in itself to
refute all the adverse criticism, often easily
traceable to interested motives, to which
| the statute has been subjected. Defects in
| the law relate mostly to details, and any
proposition for radical amendment OF its
principles should be subjected to the Sc
verest tests. While, on account Of differ
| ences in mileage, extent OF country. trade
| conditions and the regulating statutes
| themselves, little benefit is TO be derived
from comparison of regulation in this and
| ures OF the English plan, providing for or
| the findings of the regulating body are
| effectual and absent from our law. On the
| other hand, excessive rates are now the
| subject of a preliminary investigation in
| England, and ii is charged that q proceed
| ing under the English act is too expensive
| We not troubled with these questions.
Our principal difficulty is with improper ad-
| justments or rates, and the remedy for
| this lies chiefly in enlarging the commits
| sion's administrative authority and in per-
| fecting the machinery for enforcement of
| regulating orders.
| CASES DECIDED.
Some illustrative cases disposed of during
| the year are described These refer to rea-
| Sonable rates discrimination in dalfvaripo o