The evening times., 1897-12-16
MAJORITY FAVoRs POOLING.
Statement In Interstate Commerce
CommissiOnss Report.

The eleventh annual report OIL tne iuesi
state Commerce Commission was issued to-
day. Upon the subject OF pooling the re-
port states that ..as TO the wisdom OF this
legislation the commission is not agreed.
Pooling does not appear to be much re-
sorted tc In England, and under conditions
there xisttng there is little Or no occasion
for 1t. But competitive rate agreements
are made there and seem to be generally
observed. majority Of the commission
think that pooling would improve the rate
situation, and the present condition is SO
disastrous that they would be inclined to
indorse in good faith any way out of it; but
II pooling produces any beneficial results
1t necessarily does so at the expense of
competition. BY legaliZing pooling the
public loses the only protection it now has
against the unreasonable exactions OF
Transportation agencies. Still, in view Of
the whole situation, a majority OF the com,
mission would be inclined to recommend
that the expedient he tried II suitable SAFE
guards are provided in advance; but this
recommendation must be taken only with
the limitation stated.
1t IL too much the fashion OF certain
advocates of pooling to select a particu-
lar sentence FROM some report, and hold
that up as an exhibition OF what its author
believes upon this subject. The members
of the Interstate ,:oIninerce Commission
wish to say, in the strongest possible
terms, that they are unaniinousin the 1pin-
ion that to oyerturn the Trans Missouri
decision; to repeal the fifth section OF the
interstate commerce act, and to enact In its
place q pooling bill thereby permitting
anu inviting unlimited combination be-
tween carriers, would he little better than
criue against the people of the United
States, unless this tribunal, or some other
tribunal is at the same time Invested with
adequate powers OF control, and that moth
ing less in degree than those outlined in
this report, or their equivalent, would be
adequate.
'.But the commission also points out
that Congress is not pOwerless to remedy
the existing evil OF rate cutting without
grantin@ pooling. and that one way would
be to establish a supervision and inspec-
ton of accounts, including, when neces-
sary, the taking charge of one or more
station. That is no more iigor)us than
the system under which national banks
exist. This is not row recommended,
however. The commission does earnestly
recommend that Congress undertake the
revision. of this entire law. The dissenting
opinion of MIR. Justice Harlan from :he
decision of the Supreme Court in the Troy
case is quoted from as stating the exact
situation. While the commission, can, IN 4
halting fashion, correct some forms CT
determinations, adjust differences bet " Zen
carriers and shippers Informally, conduct
Investigations and make reports, and pIb-
lish statistical information, ii has, by
virtue of judicial decision, ceased to be
body for the regulation of carriers. Con-
gress should understand this. The people
should NO longer look to the commission
for = protection 1t is powerlass to extend.
"The commission reiterates its COndsui
nation of the practice of ticket scaiping,
and says that the bill which pa ssed the
House Of Representatives at the last ses-
sion of the last Congress seems well cal
culated to prohibit the evil.
''The misunderstanding of the commits
sion, tie court Of appeals, and IN the Su
preme Court itself, in regard to the ruling
of the Supreme Court in the Social Circle
case, as TO the power Of the commission
to prescribe rates, is stated; and the latter
decision of the Supreme Court, one Justice
dissenting, tnat the commission can only
find and report what was wrong in the
past and canuct prescribe rates for future
observance 10y the carrier, is discussed.
The commission recites what the act pro-
vides as to reasDna BILE rates and wha duties
are laid upon the commission, and saws
that while the court of final determination
dacia-ec tho In a in no Sf at MT
such recital shows why the public had be-
lievedt that a more satisfactory nd complete
remedy for transportation abuses was pro-
vided in the statute why the coInrni ssion
| had given a construction to the law which
T the court decides to be erroneous, and why
additional legislation should be enacted.
Carriers may now establish their own
rates and judge for themselves what arr
reasonable and just, Independent OF any
regulating authority. The power of the
Commission over future discrimnia tions and
preferences is also affected. without au-
| thori.y to make the first three sections OF
| the law effective in the future practically
all the commission can do is to inquire
into wrongs done in the past and report
| the result to itself. A suit to recover ex-
cess over rea sonable rates is not an ade-
! quate or equitable remedy. Prevention by
I fixing and establishing rea soma BILE rates
| in advance is the only practical legal
| remedy for eXtortionate and dunjustcharges,
| and the law should he made so plain that
| neither the commission nor the courts can
! misconstrue or misinterpret it's .nea hing.
ITO make the act operative in accord
| ance with its generally accepted objects
| and purposes, and to give practical effect
| to its first, second and third sections, which
| declare unjust and unreasonable rates and
| charges to be unlawful, and which in
| terms forbid unjust Determinations and
| undue preferences, the commission submits
| and recommends amendments to sections
| 6, Is al 16 Of the act. These relate tu
| the preparation, filing and publication ol
! tariffs, powers OF the commission ovar
| rates, and procedure in the courts. Am I'd.
ments are also proposed for section 4,
| the long sud short ha ul clause: section 20,
| covering the filing Of annual reports; sec
tion 3, as to through rates, and section O.
the penal section.
| IAN ;.nichiment requiring import and
| domestlc traffic to be Carried at the sane
| Rates is suggested, but il Congress sh.,ll
deem it wise to Justify higher charges on
| domestic duties than on imported traffic,
| then it is submitted that SOME provision Of
| law be enacted under which it will be prac-
Gcabie to determine tie extent to which
| Determinations through lower rates sh.,u
be made in favor of freights coming from
| foreign countries"
Attention is called to other leg isl lsion
| recommended in the body OF the report,
including pending bills providing for uni
| form classification an d prohibit IN q
ticket brokerage.
| SARAH RERNIJARJyr SekRED