The times., 1898-02-13

During. lne past year lltdily IettE-
ences have been made in the public
prints to the power of the board OF
trade of England to adjust rates OF
transportation for the carriers of the
United Kingdom; and some time
ago Mr.. NJ. Z. Ingalls,, presi-
the Big -Four roads, announced himself
in favor of granting to our Interstate
Commerce Commission authority to fix
the rates on the roads over which it
has jurisdiction because the English
Board of Trade has authority to fix
rates in England. This statement of
Mr. Ingalls, has been accepted by many
newspaper writers as the statement Of
a fact: and at a conference of railroad
men at New York he reiterated the
statement and insisted upon its cor
rectness. In an article in late num-
ber of the Forum, Mr.. Prouty also ex-
pressed the opinion that the Board of
Trade Of England has authority to and
does fix railroad rates, and the Inter-
state Commerce Commission seems to
have assumed the correctness of this
opinion.
At the request of Mr.. Milton II.
Smith, president of the Louisville and
Nashville road, Mr.. Walker ID. Hines,
one OF the attorneys of the road. has
made an investigation Of the subject,
and has prepared an article contrasting
the English system with the demands
Of the Interstate Commerce Commits
sion. This article is of such general in
terest and contains SO much informa-
tion the public should have that The
Times gives it entire. 1t is as follows:
In the present general discussion rel
alive to the various propositions TO
amend the Interstate Commerce act,
several advocates of the extensive de-
mands OF the Interstate Commerce
commission refer to the railway regu-
latlon laws of England as a jusIifica-
ton of those demands, and as an eX-
ample of the exercise Of such powers.
1t becomes of interest, therefore. to
consider what are the railway regula-
uor laws of England
The railway and canal traffic act of
1888 t5l and 81 Nict. c. 25) and the por-
tions of prior acts which are unrepeal-
ed. constitute the present system of
railway regulation in England Scot
land. and Ireland. Provisions are
thereby made for a railway and canal
commission, and it will be of special
value to compare the character and
functions of that commission with the
character and functions now possess
ed. and the character and functions
sought to be attained. by the Interstate
Commerce Commission
The railway and canal commission
of Great Britain. consists of two ap-
Ifl1nTR0 fi,-fa ..g,,
sioners, and is a court of record
The appointed commissioners are ap-
pointed upon the recommendation Of
the president of the board of trade,
ana hold office during good behavior,
and one of them must be of expert
encc in railway business
The three eX-Officio commissioners
must be judges of the superior courts;
one is nominated for England by the
lord chancellor: one for Scotland by
the lord president Of the court of
sessions. and one for Ireland by the
lord chancellor of Ireland and such
assignments are made for periods of
nos less than five years.
Not less than three commissioners
shall attend at the hearing of any
case. and the eX-officfo commissioner
shall preside. and his opinion upon
any question which. In the opinion of
the commissioners, is a question at
law. shall prevail.
Certain specified local authorities
such as city councils, etc. may make
to the commissioners any complaint
which the commissioners have the DOW
er to determine, and such complaints
may also be made by any commercial
or agricultural association which NAV
obtain certificate from the Board Of
Trade 10 the effect that it is a proper
body to make such complaints. and
any such authorities or associations
may appear in opposition to any COM
plant. The Board of Trade may re-
quire. before giving the certificate
that security be given in such manner
and 10 such amount as they may think
necessary for any costs which the COM
plainants may be ordered to pay or
bear.
Any judge assigned to hold the office
of eX-officio commissioner is to perform
the other duties OF a judge of a su-
perlor court only when his attendance
on the commission is not required.
The main jurisdiction of the railway
and canal commission is to hear and
determine complaints of contrayen-
tions of the railway regulation acts.
1T may also exercise certain powers of
arbitration, and it's approval is re-
:
railways or railways and canals. 1t
has also authority to order through
rates under very careful restrictions,
provided by law. and it may, when
n railway owns canal, order changes
in canal rates when necessary to pre-
vent the diversion of traffic from the
canal TO the railway controlling it: IL
is also required to report to Parliament
il. in its opinion, the working of steam
beats by railway prejudicially affects
the public interest.
Though in some respects the powers of
the commission exceed the power of
courts generally, yet no duties whatever
are imposed upon the commission which
would tend to impair its fairness and iu-
dicial character, which are Of course,
essential to the accomplishment of ius-
tice. The commission does not originate
complaints; il does not proceed upon its
own motion: 1t is not charged with the
duty OF inquiring into the management
OF railways; ii has no administrative
supervision of any of the details of rail-
way operation;it is not charged with the
duty of detecting violations of the law
or Of bringing about prosecutions for
such violations; its duty is to hear the
complaint duly brought before it by
some proper complainant and to deter
mine what. if any, relief is proper under
the law.
Thus, in vitally important respects, the
Railway and Canal Commission is rad
ically different from the Interstate
Commerce Commission. The two ap-
pointed commissioners of the Railway
and Canal Commission are appointed
for life. and one of them must be Of
experience in railway matters The
Interstate Commerce Commissioners
are appointed simply for six years,
81 &c
them shall be of experience in railway
and q tt.nr. l,f faot ,,o,,,