The Wichita daily eagle., 1897-12-18
ROASTS THE COURTS
INTERSTATE COMMERCE COMMITS.
SION IN A PoPULIsTIO ROLE.

shorn of Its Power, Never too Abundant,
By Supreme Court Decisions Which
Look tn the Corporations Interests First
as Against the Sian Who Pays the
Freight-Commission Can Only Inves-
tieate Grievances and Make Reports
Thereon to Itseif-Defenselessness of
the Private Citizen.
Washington, Dec. 1.-THE eleventh
annual report Of the interstate COM
merce commission opens with state
ment concerning the extent and charac-
ter of the administrative work Of the
commission, and including adjustment
OF complaints without hearing. filing
and arrangement of rate sheets. and
compilation of statistics.
Sessions have been held during the
year in may sections of the country, as
well as in Washington. Charges and
practices OF $40 carriers We're inquired
into. HiRdrances to regulation and
checks upon enforcement OF the act
have resulted largely. if .ot chiefly, from
the discoveries and decisions Of the
courts giving to the act an interpreta-
ton contrary to the general understand
ing of its scope and purposes.
COMMISSIONS POWERS.
The misunderstanding of the commits
sion, the court of appeals, and in the
supreme court itself, in regard to the
ruling of the supreme court in the social
circle case, as to the power OF the COM
mission 20 prescribe rates, is stated;
and the later decision Of the supreme
court, one justice dissenting, that the
commission acn only find and report
what was wrong in the past and cannot
prescribe rates for future observance by
the carrier, is discussed. The commits
sion recites what the act provides as to
reasonable rates and what duties are
laid upon the commission, and says that
while the court of final determination
declares the law as found in the statute,
sucn recital shows why the public had
believed that more satisfactory and
complete remedy for transportation
abuses was provided in the statute, why
ton to the law which the court decides
to be erroneous, and why additional leg
isation should be enacted. Carriers may
row establish their own rates and judge
for themselves what are reasonable and
just, Independent of any regulating au-
thorfty. The power OF the commission
over future discrimina tons and prefer
ences is also affected. Without authori-
ty 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
excess over reasonable rates IS not an
adequate or equitable remedy. Preven-
tion by fixing and establishing reason
able rates in advance is the only practi-
cal legal remedy for extortionate and
unjust charges, and the law should be
made so plain that neither the commits
sion nor the courts can misconstrue or
misinterpret it's meaning.
MAXIMUM RATE CASE.
Further discussing the supreme court
decision denying power in the commits
sion to prescribe maximum rates, the re-
port states that it is perhaps the most
important since the act was passed. The
court referred to billions OF dollars in
vested in railroad properties and the i'm
mense traffic moved yearly. The COM
mission calls attention TO the public in
terest in freight charge paid by the
people during the fiscal year OF 1896,
amounting to s7s6,615,S37, and that a
very slight change in rates on a staple
article amounts to an enormous sum in
the aggregate. The railway traffic man
ager may decree whether an industry
snail exist or locality flourish. The
question is one of transcendent import
ance both TO the capitalist and the hum
blest citizen. The commission can no
longer afford relief in particular cases
as it has in the past, for the supreme
court confines the commission 10 orders
in respect only of what mas been done by
the carrier. Regulation governing fut-
uYe rates is now unauthorized.
NO REAL POWER AS TO RATES.
The report shows that damages for
unreasonable rates can only be recov-
cred by the one VINO pays the freight
money, while the real loser is generally
the producer or consume. Moreover,
If the party injured could sue, his indi-
vidual interest in the particular case
would usually be small, and he frequent
ly would not do so. AZ an individual
is not ordinarily match for the vast
power OF railroad corporation. Repa-
ration has only been awarded by the
commission in five cases This shows
how insignificant 20 those who suffer
and complain IS the mere right 10 re-
cover a portion of the freight paid.
CASES involving unreasonable rates have
usually been brought by a shtate COM
mission. a freight bureau. or by the in
terstate commerce commission on is
own motion, with a view OF correcting
the rate schedule TO be in future effect,
but such bodies would not conduct in
vestigations which could only establish
purely personal rights. When the case
for recovery OF Jamages gets to the
court it involves a jury trial. On grain
from Kansas City to Chicago, Chicago
Jury may think 20 cents per 100 pounds
reasonable, while a Kansas City jury
may think Is cents enough. a cardinal
purpose of the act is 10 secure Uniform
ity OF rates, but application OF the rem
edy provided by congress produces, IN
der the supreme court decision, not uni
formfty and equality. but the direst con-
fusion and g-ossest discrimination.
Claims based on unreasonable rates
may come 10 be bought am sold. pros
ecuted upon speculation, in much the
same way that personal damage claims
ara and i1,ries Min give the Ike eXces-