New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-01-24
NIhMO on RATE-MAHING.
HIS CRITICISM OF THE RECENT ANNUAL
REPORT OF THE INTERSTATE COM
MERGE COMMISSION

Joseph Nimmo jr has just given TO the press a
carefully prepared criticism on the eleventh annual
report Of the Interstate Commerce Commission He
opposes the attempts Of the Commission TO gain
the power OF rate-naking and the power to deter
mine the relative commercial advantages which
shall be enjoyed by different sections Of this coun-
try.
In speaking Of the attempt OF the Commission 10
gain tho power Of rate-making. he says:
The Commission attempts by a bubble TO evade
The charge that II asks TO- the power OF rate
making by declaring that It mas never claimed me
The real ra,e-maker is he who prescribes the rate
IN the last Instance. and not IN the mrs, s 'aHSG
Besides. the Commission stuluhes Itself In ms
same connection by stating that sixty-eight o. lts
formal orders have prescribed q change OF rate
for the future
In review Of the foregoing Mr.. Nimmo says:
The utter absurl!ty Of the Incorporate mode Of
regulation recommended 10y the Interstate Com
yrsdv prnsented 6u, also by other facts less
significant. N) The average cost OF uai'spo IN
about one-taird what It was thirty years ago, 90
The number Of freight cassihcatlo ions ID use ~ ma,
INV 10 three co. The number OF through routes
and through rates has been increased by tnouaaos
during the last thirty years. tl) ne acl4I'it ~
Transportation in roadway equipment ana leIhl"dls
have been greatly improved ana cx'en1eu; ana Sy.
pressed in railroad associations mas Ithi'DNc,r .
American railroad system. which is unto the trav,
eller and the shipper as one sIe' ms IN h tT ~
OF reform and Of progress have come about through
the processes OF an evolution. and are IN no sense
the result Of governmental presclence or ut''Se
In thousand ways the railroads have become so
ana Of Industry iha, any such intempera;e or In;
appropriate regulation Of the former as l. proIosg
by the Interstate Commerce Commlsslon "O"'t
react detrmentaly upon the latter, n ~ to-, -.
course points TO the praccal hnlin rood u just
and wholesome regulation OF the rAlIrOduS.
The manner in which the Commission has spoken
OF the Federal courts is referred TO az follows
The anlmadversions Of the Commission upon the
Federal courts are peiulant undsni1eu am ir
confidently believe that thorousn nv w ,bo,
into all those statements would reveal me ldCt 'at
the Federal courts have throughout gwen 10 .i
Commission full ana hearty co-oli .--,,iad ,rc
that in no instance have the courts oNerruIeu ~,
IN cases involving the attempts OF the CotnhlsSioi
To- usurp judicial functions or TO acquire auto
IL tb' courts have been as from the beginning
the guardians Of the liberties OF the people.
In conclusion Nh Nmmo says;
The assumption that the Interstate Commerce
Commission is capable Of administering the traf-
fc interests of all the railroads and mus OF uoi'r
this country is absurd beyond expression. In Us
decision Of May "a ls97 the Suprt ne t9ur, 81 tng
seemed evolve. II were; ont OF ~ own con
scousness the satisfactory spiQtion or n. u'nictI
problem Of Just ana ie,soh',p4t ra'rS IU' ai ne
various roads In the country. The result OF su' y
introspection IS that the Commission finds itself
to-day in that region betwXt ruth ana error
where the haze Is tAck and the shadows are aouh-
Two kinds Of legislative work in the direction Of
reform now confront the American leg.slatoI-the
IN the line OF petttr HlJuSlNl'Hl OF Nfiti''ii
regulation 20 developed conditions and the other IN
The direction Of restraining tn" interstate Ion-
Commission from its persistent efforts at the
acquisition Of autOcratc powers. the manifest ten
dency OF which is toward political disturbance and
toward that D. ,raliZaOn which is the inevitable
result of any attempt 10 restrain the proper eNer-
else OF commercial and Industrial freedom.
That the Act 10 Regulate Commerce j. q just and
measure 81 legislation. dictated 10y true states
nanship. is strenGOUsy maintained. II IL unrcces-
sary enlarge upon that point FL this connection.
ar.insf The PERSISTENT efforts Of tho Interstate
Commerce Commission TO acquire power far beyond
the purv.ew Of those sound rules Of public policy
which the guide OF National legislation. and
beyond those wholesome restraints which consti-
tute the buwarks Oc American liberty.