Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-12-27
Interstate Commission Cannot Enforce
Obedience.
CONGRESS DESIRED TO LEGISLAHE
Now Useless Body for Practical
Purposes.
V IE S OF A MEM BERI

lsw," said a member of the interstate
commerce commission to a Star reporter
today.
AS the latest annual report of the COM
mission states the first section of the inter-
state commerce act declares that all rates
snail be just and reasonable, and the third
section that there shall be no discrmina-
ton between persons or localities. The
twelfth section declares that the inter-
state commerce &C mmiSsion shall execute
the provisions of this law. The report
attempts to show that the commission has
not at the present time the power to Sc
cure to the people the protection which the
law contemplates and that il canno: have
without certain amendments to the law
The principal one of these amendments
would give the commission power, not to
make the rate, but to supervise the rate
That is to say, when the commission de-
termines, after full hearing, that par
ticuar rate is reasonable, it should have
the power to compel the carrier to put
in that rate for the future.
This is said to be a new power for
which the commission is now asking for
the first time. In point of fact. that is
not SO. The commission had always exer-
cised this power upon the theory that ii
merce act, until the United States Supreme
Court decided the 9th of last May
that the commission had no such power.
In consequence of this decision the
commission will be obliged to stop the
work which 1t has been doing in the past
and VIII be unable to grant relief in cases
which are now pending before it. The
amendments asked for are to sections e
ID and l6 of the act, but in substance they
come mainly TO this one thing, the power
to supervise and correct an unjust rate,
and in no other way can the people OBJ
tain any real relief from unjust eXactions
and determinations.
Justice HarIan's Statement.
Mr.. Justice Harlan of the United States
Supreme Court made, a short time ago,
this statement from the bench:
50 Taken in connection with other deci-
sions defining the powers of the interstate
commerce commission, the present deci-
sion, it seems to me, goes far to make that
commission a useless body for all practical
purposes, and to defeat many of the i'm
portant objects designed to be accomplish
ed by the various enactmentS of Congress
relating to interstate commerce. The com
mission was established to protect the pub
lie against the improper practices of trans
portation companies engaged In commerce
among the several states. 1t has been left,
it is true, with power to make reports and
to issue protests. But it has been shorn,
by judicial Interpretation, of authority TO
do anything of an effective character. 1t
is denied many of the powers which, in my
judgment, were intended to be conferred
upon it. Besides, the acts of Congress are
now construed as to place communities
en- the lines of interstate commerce at the
mercy of competing railroad companies en-
gagged in such commerce.
1T is a statement of the exact situation.
The interstate commerce commission can
conduct Investigations and make reports.
1t can, perhaps, correct in halting fash
ion some forms of discrimination. 1t col
lects and publishes statistical information
which would be of value if, under the law,
it could be obtained and published within
a reasonable time 1t performs a valuable
service in adjusting differences between the
carrier and the shipper which never reach
the stage of formal complaint. But by vir-
tue of judicial decision it has ceased to be
body for the regulation of interstate
carriers. 1t is proper that Congress should
understand this. The people should no
longer look to this commission for pro-
lection which it is powerless to extend.
Practical Side of the Case.
'The practical course of a complaint is
this: The complainant files with the COM
mission a statement of his alleged griev-
ance, under oath. A copy of this complaint
is forwarded by the commission to the
carrier, with an order that answer be made
also under oath, on or before a certain
date. Either party may take testimony by
deposition, to be used on the hearing, as
could be done in a court. Ordinarily, how
ever. the testimony is either taken by a
single commissioner or the case Is heard
before a majority of the commission, who
are quorum, upon viva voce testimony
In any event, a majority of the commIs
sion must consider the testimony before the
case Is decided. Both parties appear by
counsel or in person. briefs are filed and
arguments heard. The whole case pro-
ceeds exactly as it would proceed if it
were a case in court.
when the case is decided the commas
sion promulgates its opinion. which con-
sists of a statement of the facts found and
of the conclusions of law applicable to
those facts. These opinions are published
courts are published If, in the opinion OF
a majority of the commission, the COM
plainant is entitled to relief, the commits
sion makes an order directing the carrier
not to do the thing complained Of in ac-
cordance with it's opinion.
Now, after all this has been gone
through with. what is the effect of the or
der thus made? Really nothing whatever.
If the carrier declines or neglects to obey,
it suffers no penalty and incurs no loss.
''The act provides that any person inter-
ested in an order of the commission, ol
that the commission itself, may file a petit
ton In the United States circuit court IN
the proper district, asking to have the Or
der enforced, and the court Is instructed
to determine whether the order is a proper
one, and, If so, to enforce it. In this pro-
prma facie evidence of the correctness Of
the facts found. If the order is for the
payment of money, either party Is entitled
to a trial by jury In the circuit court. Or
dinarily 1t is not, and in that event the
court proceeds to hear the case as a court
Of equity.
Trial Before the Commission.
Upon the trial before the commission the |
testimony is all reduced to writing, but no |
part of this can be used. except by stipula- |
ton, upon the trial in the circuit court
The testimony upon both sides must be en-
tirely retaken. Nor is either party In any
way confined to the testimony previously |
given nor the issues previously made. The
result, of course, is that the case made be-
fore the circuit court may be entirely dif-
ferent from the case made before the COM
mission. so that the proceeding is not, In
any proper sense, q review Of the correct
ness Of the decision of the commission. II |
the circuit court, after full hearing, is of
opinion that the order ought to be oom-
piled with. it SO decrees; If not. 1t refuses
to enforce the order. From the decree of |
the circuit court, either enforcing or refus-
ing to enforce the order, an appeal lies to |