The Wichita daily eagle., 1897-12-18

should have power TO prescribe rates in
the future as il has assumed to do in
the past.
POOLING.
AS to the wisdom of this legislation
the commission is not agreed. Pooling
does not appear 10 osbe much rescrted to
in England, and under conditions there
existing there is little or no occasion for
ii. But comparative rate agreements
are made there and seem to be generally
observed. A majority of the commission
think that pooling would improve the
rate situa aticn, and the present condition
is 50 disastrous that they would be in
clined to indorse in good faith any way
out of it; but if pooling produces any
beneficial results ii necessarily does 50
at the expense Of competition. By legal
izing pooling the public loses the only
protection it now has against the un-
reasonable exactions of transports ton
agencies. Still, in view Of the whole
situation, a majority Of the commission
would be inclined to recommend that the
expedient be tried if suitable safeguards
are provided in advance; but this rec
ommenda ton must be taken only with
the limitation stated.
'It is too much the fashion Of certain
advocates of pooling 10 select particu
lar sentence from some report and hold
that up as an exhibition of what its au-
members Of the interstate commerce
commission wish to say in the strongest
possible terms that they are unanimous
in the opinion that to overturn the
Trans+Missouri decision, to repeal the
fifth section Of the interstate commerce
act and enact in its place pooling bill,
thereby permitting and inviting unlim-
fted combination between carriers,
would be little better than q crime
against the people of the United States,
unless this tribunal, OF some other trib-
unal, is at the same time invested with
adequate powers OF control. and that
nothing less in degree than those out
lined 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
granting pooling. and that one way
would be to establish a supervision and
inspectio nof accounts, including, wtlen
necessary, the taking charge Of one or
more stations. That is no more rigor-
Gus than the system under which ma
tional banks exist. This is not now rec
commended, however. The commission
does earnestly recommend that congress
undertake the revision of this entire
law. The dissenting opinion of Mr..
Justice Harlan from the decision of the
supreme court in the Troy case is quot
ed from as stating the, exact situation.
While the commission can, in halting
fashion, correct some forms OF discrim-
nations, adjust differences fbeteween
carriers and shippers informally, con-
duct Investigations and make reports,
and publish statistical information, it
has, by virture of judicial decision,
ceased to be body for the regulation of
carriers. Congress should understand
this. The people should no longer look
to the commission for a protection it is
powerless to extend.
NEEDED LEGISLATION.
To make the act operative in accord
ance with its generally accepted objects
and purposes, and TO give practical ef-
feet to its first, second and Third sec
tions, which declare unjust and unrea-
sonable rates and charges to be unlaw-
full, and which in terms forbid unjust
determinations and undue preferences,
the commission submits and recon-
mends amendments to sections 6, Is, and
is of the act. These relate to the prepar-
alton, filing and publication OF tariffs.
powers OF the commission over rates.
and procedure in the courts Amend
ments are also proposed for section 4,
tne long and snort haul clause; section
20, covering the filing OF annual reports:
section 3. as TO through routes and
through rates, and section 10, the penal
section.
An amendment requiring import and
domestic traffic to be carried a: the same
rates is suggested, but if congress shall
deem it wise to justify higher charges
on domestic than on imported traffic.
then it is submitted that some provision
OF law be enacted under which 1t will
be practicable 10 determine the extent
to which Determinations through lower
rates shall be made in favor OF reights
coming from foreign countries.
Attention is called TO 0tIer legislation
recommended in the body OF the report.
including pending bills providing fo-
uniform Classification and prohibiting
ticket brokerage.
New York. Dec. Mysterious Billy
Smith has signed articles 20 meet Tommy
West in a twenty-Tound contest before the
Olympic club OF Buffalo. on Monday, Janu-