The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1895-12-31

Al.
s ,ie uisdcmeanors created by the act and
". opsious constitutional reasons such
pnw'i s,, vnh no, ne conferred upon. this or
NY siniar tribunal The penai provi-
s'ons OF the statute are, however, mainly
incidental to Its greater purposc to pre-
s ssni NhctIons snd rciative Injustice re-
sutlng from thu enforcement BY common
carriers OF schedule charges which they
rave established and applied. Thpugi
veg public rate may I've strictly observed,
Se, me greater wrong doing may remain
o. railway management wtoily unchecked,
ihe tendency toward railway fedora ton
V very markell. and indicates a futl,e
combination OF carriers welding such
.Suaotdinary power as TO constitute, In
the estimation Of many people, serious
menace 70 commercial freedom That
danger. II the authority Of The State u
prevent excessess and INEQUALITIES finds
ample expression IN enfovihle methods
loir liking the standard Of charges. Hero
follows q Description of the injurious ef-
tects which follow from improper rate adj
iustments as between localities or COM
t,is tribunal should have adequate au-
thority To ascertain excuses IN railroad
,harres and to enforce with respect there
70 ne ohsetvsnco Of relative iustics, That
legislation TO this end Is 4 valid and ap
pfoNrate exercise OF constitutional power
possessed by congress, has repeatedly been
DECLARED by the highest judicial authority.
When rates devised and applied by the
railroads Themselves are complained OF
ny shippers ON the ground that they are
excessive or relatively UNJUST. and such
complaints have been investigated uron
full notice to the carriers and fair OPP
portunity for hearing the determinations
Of the commission IN such eases should
be binding upon all parties TO the contro.
vtrsy and mutually observed by them MS
the only lawful rBtce for the trnuspottn-
ten IN question, unless judicial scrutiny
OF the proceedings had before the CONE
mission shall discover therein errors OF
fact or conclusion SO plainly rraindiciat
to the carrier "a TO justify. the courts IN
refusing to enforce The disobeyed re-
of the net--,he. procedure rectiou,-epn-
,eiued in a bill which plssed the house
known as tho r. tteison bill. Is recon-
| mendcd, but the commission states that
! II will not he sufficient 60 amend the 10Th
| section only. Some alterations In other
parts Of the law arc necessary to pre-
vent any Inconsistency IN tho law US a
| whole and to cnect y complete nnd Hys-
| temntic revision of everything IN me
act relating TO procedure. Some OF these
other amendments ARE speCified In mus
| part of the report. Tariffs and annual
reports OF carriers on iilc with tht cont
| mission. should, by express provision IN
| the statute. be made competent evidence
aud seif-provabe NJ priwa farie what
| they purport 10 be for the purpose or
| Investigation by the commission aud n
all judicial proceedings, Ambiguous phases
Or provisions in the statute Should. ey
| suitable amendment, he made clear anu
|
! of The act aa originally pissed, This IN
| ciudea amendment OF section %. SO ,hht
| the commission shell In terms be author
lied TO issue orders requiring rates or
| chnrpas facilities or rtnciiccn. found nm
| lawful to be changed, modified or cor
| rectcd as In such order spoctted, ana 20
| that 1t shall be tho duty OF the oacnpi
| or carriers to comply WIN surli orHtt
| within a reasonable time liked hy the corn
mission. The authority OF the Son,nls.
| sion to determine ana prescribe ,he tpru,
| .l..f ,a.,kn
| sixth section should he more clearly nc
| fired IN the statute SO MS 70 inrluue uelcr,
| mining and prescribing tie contents anI
| arrangement of such schedules heyunl
| any nuoation The sixth section should
| ALEC provide definitely that Carriers TAR
| ties TO any s,ich Joint tnrlU Shhil We hPf
Gifted therein any suen e tbaynof ~ IL,
| carriers he furnished as THO comnlitioi
mpy require or approve. The tWenuctl
section should he 80 nm me nnG a. ,n ,S II,
| ~ carrlc,-s shall be iiled With tho eonimis
sion and to provide that this reauift men
DO enforced by ADEQUATE renalN ,9r no"
compliance The coumission denliites q
edviso tho abolition of the tinpr'tnni,Nem
feature Of the penal provisions OF the Jaw
hut 1t is not Inclined to opIosn sue.
i, ror would " be adverse, II the amenu
ments suggested arc adopted, TO ,es',nl
tho experiment Of nunishmen, Wy hro vi,
~, mt tho CORPORATIONS themselves shpni'
Ia unda iudiriahie for criminal Ntnh
lions Of the net as well as the'r on'cer
and agents. .,,x>,
WORK OF i'ir- 49,. 49,,
Ncl'cf mas n'on FRAN" " -, 49,,
the operation OF 'ue 'o"e INV
clause IN several cases ana the Efohhn
"a, srct ,el,er IN Zach casa are stated.
W. -, .,,a.a,io,, "a, thns, eorein
ccntrolhir c"hN'p'i"'''" ~
cases OF relief from the fourtn section !
a., tbo loutse,. distance rates sought 4
'""' w" ~. a.. ,.,,s mo-, tho %,
I've allowed Fh"h NOV '' ''H9 ~
rier's ncst OF service IN respect OF IN
| ,o,,,ar distance traffic The public IN
''''H L. .t,ne,,. ,onaidrr,tinl
ternft W"h XIV" P''"'''
and WAS apparently server ny inc lHhu
am. ,f ,ho order of relief IN each cas-,
a',r' w -. .,,t,, ,hosc euritos
me Rrnuhus "p"" Nv" -. y,
items were made ANA the commission
immediate investigation and prompt actio
,,'.. aa,,,o,,o,,,to ,,,at unon n nrouc
thereon uf"'o'sN"'" ,"'' ~"
, construction of the fourth scctuih "
rrouer relief can lac easily and tiuei
-, a., n,n r,,,t.,, aud Tho nubti
, ahoinen '" wv '"''''s' ~ ~
, interest In the p-ofnpuoh OF I'%i''hlhi
romnptItion between carriers fully served
,.ua -, a., ANN. limo IN, ,r.na,s,i nnpl
""i'o :" Wv ~" a. ~
cation of the frohibitory rue III the lrt
part of the section win largely deter th
r,rrtr,s from indulein. In that rec.;,es
| gDn1pEtltipu at longer distances POM