Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-05-22

cent the omission or repeal of the i'm
Drisonmert clause In our opinion TINS
clause should be restored, so that the
court in its discretion, may lmprlsoh
fragrant and depeating offenders.
In new section twelve, the clause re-
lating 10 the elimination Of witnesses
is omitted as il is in section nine, and
for the reason above stated.
The proDosed amendment to section
thirteen authorizes the commission 10
require answers to petitions or com
plants to be verified; also requires testl-
mony to be taken down, written out
and filed. in accordance with the pres
ent practice Of the commission.
Section fourteen, as proposed, repeats
so much Of the present law as make the
findings Of the committee prime facie
evidence in all judicial proceedings as
to every fact found. This provision Oh
existing law should be continued in full
force.
Neither by the fifteenth section, as 1t
is proposed TO be changed, nor by any
nending provision is the commission
empowered in express terms TO deter
mine what is IS well as what as is not
reasonable rate. Until after the decls-
ion of the social circle case, March so,
1896. the right and duty OF the com
mission after due notice, hearing and
investigation 10 fix a maximum legal
rate in a case tried was never seriously
questioned. The authority of the COM
mission to ascertain and declare the
reasonable and legal maximum rate in
cases so heard and tried has been raised
and is involved in several Of the cases
awaiting decision by the Supreme
Court already referred TO. If it is the
purpose of Congress to make the COM
mission only a bureau Of investigation
without authority through the courts
or otherwise 10 correct abuses found on
Investigation to exist, we submit that
it should be plainly so stated In the
law TO the end that the public may not
be misled in the belief that there is in
existence a statute under which ascer-
tanned transportation abuses may be
corrected.
In our opinion the authority OF the
commission, now that its authority is
questioned. TO determine and order rea-
sonable rates in cases tried wherein the
rates are challenged, should be granted
and stated in unQuestionable terms and
proper means provided for enforcing
such determination; and, as we believe,
a provision of law making such deter
mination and order Of the commission
obligatory on the carriers at once and
until reversed or set aside by court OF
competent jurisdiction, will afford the
best guarantee for the observance and
enforcement Of such orders II such
provision for making tire orders of the
commission effective shall be deemed
unjustifable. then other adequate means
should be provided for carrying such or
ders into effect For this purpose the
prcpOsed amendment Of section sixteen
and the new section ia, 1t Is OelleV-
ed will improve the existing law.
The proposed amendments 10 section
| twenty meet our approval.
Respecting other amendments OF the
! act to regulate commerce, we have In
! our annual reports, as provided by said
act recommended several which are
| deemed essential for making the act
effective in accordance with its pur-
poses. Two of these are so urgent that
we respectfully ask they may be made
| a part of any legislation amending the
| act. One of these is an amendment
providing for uniform classification.
! The other relates 10 rates and charges
/ from the seabOard on imports, IN re-
! snect to which we recommended action
by Congress in our annual report for
/ 1896. pages 10 and IA.
I