Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1896-01-01

hearing OF the parties, should be made to
stanI ms a rule OF conduct prescribed by
public authority. unless the courts, upon
examination of the record thus made.
snail md therein some material error,
plainly preJudicial to the defeated party
which FURNISHES sIhici,nt reason FOR re-
fusing 10 enforce that decision. rms
is the change In the law Of NEST imme-
ciato and special urgency. The commas
sion has no power to convict for or puilsh
the misdemeanors created by the act, anu
for obvious constitutional reasons hucn
power can not be conferred upon this or
any similar tribunal. The penal ptnNl-
sions of the statute arc. however, NANNY
Vent exactions and .ellsive injustice re-
sulting from the enforcemtnt by couimon
carriers OF schedule charges which tney
tho public ratio may be strictly observed.
Yet the greater wrong doing may remain
untouched, and the most ferious evils
of railway management wfolly uncheokeu.
The tendency toward railway federation
IL very markell. and Indicates iutltc
combination Of carriers welding such
the estimation OF many. people, n serious
menace to commercial freedom, Ihai
power will be deprived e W principal
prevent oxcossess and Inequalities mas
ample expression In enforcible methods
for liking the standard OF charSes, hete
follows description Of the Injurious et-
fccts which follow from improper rate at
justments as between localities or COM
peting articles Of commerce me reguiat-
thority to ascertain excuses IN railroad
charges and to enforce WIN respsct lnSte-
90 the Observance oil reIallve lun,ies. a ,
propriate exercise OF constitutional power
possessed by congress. has rope atediy heen
declared by the highest judicial authority.
When rates devised and applied by the
railroads themselves are complained OF
by shippers on the ground that they are
excessive OF. relatively unjust, and such
Cnplpluintq hnNa hpfn IUNI SttCHte1 nnOn
fun notice to the carriers and fair op-
portunity for hearing, tie deternlnalons
of the commission In such cases should
be binding upon MI parties TO the centro-
versy and mutually observed by them as
the only lawful rates for the transpoita-
OF the proceedngs had before the CONF
mission shall discover therein errors or
fact or conclusion so plainly preJndlcial
IL fusing 10 enforce the disoboyed re-
quiroment. The amendment OF section IL
Of the acC--the., procedure seGtion,,e '9ro
Mt tho last session On. Il. 1HD' commonly
known ns the p tteraon blll' Us recon-,
mended, but tho commission sutcs tnAt
II will not be sufficient to amend the lJth
section only. Some alterations IN other
parts Of the law are necessary 70 pre-
vent any inconsistency IN me Jaw US u
whole and TO effect a complete and sys-
tematic revision OF everything IN the
act relating TO procedure. Some "r these
other smendments are T0r spsfin q, pnnai
reports Of carriers on file with t.le COM
mission, should. by express provision IN
the statute. be made cempete9t eNiIeh h.
and self-provnble as prip,n Iacie whdt
they purport to be for the purpose OF
invest cation by the commisslon ana "
all jud ciai proceedings. Ambiguors rhases
er nroyisions In the statute should. by
suitable amendment, be maue cieht M
explicit. so as to carry out the T nurp9is Is,
OF the act as originally passed. This m
tha commission shall in terms be author
lied to issue orders REQUIRING rates or
charges, facilities or nractle,s found un-
iawfnl 10 be changed, modified or cor
rected as in such order specified, and 20
that IL shall DO the duty Of the carer
within n reasonable time fixed by the COM
mission. The authority OF The comm y
sion TO determine and prescribe me FORM
sixth section, should he more clenrly &C.
n-rd in the statute so p 20 incluie deter,
mining and prescrlbinf contents an,
s sry aHnest'an. rne sixth section should
also provide definitely Tint "arr,"r- nnr-
ties 10 anv such iolnt tariff shan he spe-
oIded therein. and such Evidence o. con-
currance or accentance thereof by the
carriers he furnished as the oommlssion
NAV require. ~. annrove. Inss twenu'a, ,l
tbe dave vI'hin which tho annual reports
Of carriers shell 10 filed win tire comnls.
sion and 70 nrov,de mn tn,s Y ,nr Van
counlIance, The commission 'ecunes u
rdvise tho abolition If The 'mnr'sourre1t
feature Of the penn, rrGVit,on or %, se s"sh
Legislation shonld cor"ress SEQ q 20 ena9'
IL. nor would " he adverse, " the amsnn-
~ asnorimcnt N ,,rrishwe-t nv fine or
10. hut the on-ro-at lions themselves should
he made indictahle f.r rr''n'nhi .s,,l ln-
lions ~ the act as well as their onicers
and nennta. .
WORK OF THE COMMISSION.
Relief has been granted to carriers from
the operation of the long and short haul
clause In several cases and the grounds
for such relief In each case are stated. a
oontrollirr consideration in these special
eases Of relief from the fourth section Is
that the longer distance rates sought to
bc allowed shall not be less than the car
rler's cost of service In respect of tho
longer distance traffic. The public IN
terest was given primary consideration
md was apparently served by the issu-
nnce OF the order of relief in each case.
The grounds upon which these applica-
lions were made and the commlssion's
Immediate investigation end prompt action
thereon, demonstrate that upon n proper
construction of the fourth section, all
proper relief can be easily and timely
afforded to the carriers, and the public
interest in the promotion of legitimate
competition between carriers fully served;
while at the same time the general appli-
cation OF the prohibitory rule In the first
part of the section will largely deter the
carriers from INDUCING in that reckless
competition at longer distance points
which Is conceded by all parties to result
in damage to the public interest and great
in n6t earnings OF the roads.
The basing point system In the south,
under which the carriers name certain
places as distributing centers and COM
peung points, INK through rates thereto
ana therefrom, and make rates TO and
from all other places in the same general
territory by adding to euch through ratcs
me local charges In force between the
DISTRIBUTING centers and tile other locali-
ties, ~ stated 10 have been uniformly
condemned by the commission. The So
cial circle case now on appeal by tho
searriers IN the supreme court OF the United
nsta'es, arose through rates made accord
,n5 70 THIS method The basing point
1ps reia,ee was also a main subject OF two
cetes nrlfing at Cordele, Ga,
. some other decisions are described us
blahs rates to Southern Points,D Ileo-
sonnDle Hates en- Strawberries ana Vege-
taples amq HensoI able Rates on Eox
Localities;" Relative Rates from Ga,n,,sss,
ing Locnlities;" DISCRIMINATION In Pas-
senger Rates 20 Ministers OF Religion.
PREPARATION TO injured parties was n.xa,d-
cd by the commission In tho box shooks
case and also In two cases brought hy
,he Independent Refiners' associstion ~
the reparation awards amounted 70 nearly .
SS5 600