The Advocate and news., 1898-12-28

railroad companies to fix their owl
schedules and classilcations, and to ex
act from shippers written acceptance d
prepayment of their charges, that It has
come to be generally believed that they
have the right to do 80. It is clearly the
duty OF the legislature to provide FOL
the determination by public authority
Of what are proper classifcatlons oi
freight and what are reasonable charges
for It's transportation from place 10
place. II is said in cases decided in
the Federal courts that the question as
to whether an existing rate is reasonable
is a judicial question, and that the ques-
tion as to what rate shall be collectible
in the future is a legislative question.
/ therefore recommend that the legis-
lature confer upon the board of railroad
commissioners the judicial power to try,
hear and determine all questions as to
the reasonableness and unreasonable
ness Of every charge made by a railroad
company for services rendered wholly
within this State in the transportation Of
property; that they be authorized to try,
determine, and enter judgment declar-
ing what are at the time Of rendering
their decision reasonable charges for the
transportation Of property between diff
ferent points over each and all Of the
railroad lines Of this State; and, also
what are reasonable charges for switch
ing, demurrage and all other charges
imposed by them from the time Of the
reception OF each and every kind and
class Of freight to its delivery to the
conslgnee, and that they be authorized
either at stated times or on. the COM
plant Of any person, corporation, mu-
nicipality to hear, try, and determine
any complaint made against the rea-
sOnablenesss of any charges then being
collected for any service; and that they
also be given power in like manner to
establish full and complete ClassifiCa-
tions of freight to be used in the deter
mlnation Of all questions affected there
by; that the legislature declare that the
rates and charges so determined by them
to be reasonable shall be the rate to he
thereafter charged by the railroad COM
panies, and the only rate which they
shall be authorized to demand or re-
Ceive until such time as the board upon
like hearing shall determine that the
existing rate is unreasonable and that
another and different rate is the rea-
sonable and proper one for the service.
Until the board shall determine what
is a reasonable rate 1t would seem to me
reasonable that the rates now charged
by the several railroad companies should
be declared to be the highest rates which
they are authorized to demand After
the board shall have prepared schedules
Of rates adjudged to be reasonable all
rate sheets and schedules Of charges and
classifications prepared or used by the
railroad companies covering their
charges between points within this
State should be declared utterly void and
not receivable in evidence for any pur-
pose in any court Of this State, but the
last schedules determined to be reason
able ones by the board Of railroad COM
missioners shall be the evidence anu
only evidence as to what are reason
able charges. Railroad companies
should be prohibited from demanding
freight charges In advance or that hav-
ing no marketable value at the point Of
delivery. All written contracts should
be prohibited.
I have merely indicated in very gen
eral terms the lines on which 1t would
seem the legislature must proceed in
order that a just and reasonable rate
may be established by public authority
and the power effectually taken from the
railroad companies to levy and collect
as the now do all that the traffic will
bear without reference to its reason
ableness or unreasOnableness The COM
missioners should be given abundant
power to carry their judgment into ex-
ecution and to see that the law which
prohibits the companies from taking
more than the reasonable rate deter
mined by them is enforced, and to this
end the legislature should provide an
ATTORNEY for the board whose special