The record-union., 1899-01-14
Annual Report Submitted by the
Commissioners.
Needed Legislation to Garry Out the Pur-
poses Of the Act.
The Present Law Powerless to Con-
troll the Matter Of Tariff Rates
Remedies Suggested Which
Would Result Advantageously
to Both Railways and Shippers.

WASHINGTON, Jan. 13. = The an
nual report of the Interstate Commerce
Commission was given out to-day. III
it the commission says:
In previous reports to Congress at
teption has been called to the vital re-
spects in which the Act has proved de-
fective and inadequate. Some OF It's
provisions were early seen to be I'M
perfect while others were SO uncertain
or ambiguous as to give rise to pro-
tracted litigation, resulting finally in
authoritative construction by the Su-
preme Court of the United States.
THE commission has taken much
pains to explain the various questions
that have thus been decided and the
effect of these adjudications in defeat
ing the purposes of the Act. To state
the law in it's present condition cannot
be enforced is only to repeat what has
already been said. Until further and
important legislation be enacted, the
best efforts at regulation must be feeble
and disappointing.
In our last annual report we not
only set forth in general terms the. ne
lated and proposed the specific amend
ments which appear to US positively es-
sential With the renewal of these
recommendations the duty of the COM
mission in this regard remains undis-
charged.
Meanwhile the situation has become
intolerab bic both from the standpoint of
the public and the carriers. Tariffs are
disregarded determinations constantly
occur, the price at which transporta-
tion can be obtained is f1uctuating and
uncertain. Railroad managers are dis
trustful of each other, and shippers all
the while in doubt as to the rates Sc
cured by their competitors. The volume
of traffic is so unusual as to frequently
exceed the capacity of equipment, and
the contest for tonnage seems never
relaxed. Enormous sums are spent in
purchasing business, and rates accorded
far below the standard of published
charges. The general public gets little
benefit from these reductions, for con-
cessions are mainly confined to the
heavier shippers. All this augments
the advantages of large capital, and
tends to the injury and often to the
ruin of smaller dealers. These are not
only matters of gravest consequence to
the business welfare of the country
but they concern in no less degree the
higher interest of public morality.
TT is perfectly clear that Observance
of tariff rates is entirely within the
lower of the railway managers, and
that it would be vastly for the ad-
vantage of the railways as whole
f,ad Of for,
ruinous for one railway to rlaintain
rates while it's competitor makes secret
concessions, and it is also to be adj
mitted that, justified, nowhere are the
results substantially as clairlc;l by the
carriers. A further result is thar rail-
road business is carried On largely in
conceded violation Of the law This
condition the present law is powerless
TO control.
"If unrestricted competition pro-
duces discrimination, one obvious way
to prevent such discrimination is 20 re-
strict competition. Whether existing
conditions would be improved by legal
izing railway contracts would DEPEND
upon the extent to which the agree-
ments were made and actually enfcrc-
ed by the carriers. So FAR as the COM
mission can obtain information, there
is at present no other Sre;l. nation
which endeavors to enforce competition
between it's railways, although in
many cases that method has been tried
and abandoned But Just as 10 other
great nation to-day ensorces competi-
tion between railways, 50 there is no
other great nation to-day which does
not regulate and control railway rates.
1T does not necessarily follow, there
fore, that permission should be given
the carriers to make these comb:na-
tions. The evils atten1cn. upon re-
stricted competition might be greater
than benefits derived from it. TIL.
rate should be removable rs we'll as
stable and uniform, and hitherto con
petition has been mainly relied upon
for that purpose. If the present COM
mission is not qualified t. dis ,rcrsr
their trust, then more competent tri-
bunal should be created.
IF combinations in restraint of COM
petition are to be permits., |. the fol;
lowing additional observations should
be borne in mind:
"First-To permit only q limited ard
feeble restraint would be to doom -hc
experiment to failure before it was
tried; but it might be well to provide
that the provision granting the priri-
lege should expire after Il certain
number of years by its limitatinlis
"Second-The contract itself AMI
everything done under it should b.
open to public inspection.
'Third-It would probably be to the
advantage of both the public and rail
ways if the public had some voice or
representation in some org. l:x:ttion of
the kind under consideration :f .he
public appointed one or more OF th"
Board of Managers to whom the ship.
pei would feel free to submit, his com-
plant and who would .,r'.l., the chip
per's views before the association, it
might do much to promote Just con-
duct and harmonious relations between
the railways and the public, and thus
prove materially beneficial in high
degrGe."
Bishop Chetard Dying.
INDIANAPOLIS, Jan. 13. Bishop
Francis Silas Chetard Of the diocese