The times. [volume] (Washington [D.C.]) 1897-1901, 1900-01-16

respect OF the reasonableuess OF particu
lar rates complained OF and alleged dis
ordinations in the relation OF rates. Ref
| erence is elsewhere made to the natur.
and number of complaints and protests OF
| account OF these changes in classification
and the consequent increase of rates ant
reimbursement of rate relations. Whatever
| may be the merits of these complaints tn,
parties making them are recognized By
the law as having rights involved in the
question of the reasopableness and Justice
OF the charges which they are required tc
pay But SO long as carriers are practi-
caiiy free 10 make and apply such rates as
they choose. whether acting independently
or by concert. and whether competing oil
otherwise. and there is at the same tins
no adequate provision for determining
whether such rates are just and reason
| aole. or Tor preventing the exactiun OF
those found unjust and unreasonable
aiinoush declared by the statute 10 be an
lawful, the injustice which NAV -es,,It
must be without available redress
The occasion for several conferences
held with presidents and other executive
railway officers during the first norton of
me year was found in the general demon
dllHatlon OF rates through disregard Of
published tariffs, which reached an prut
ana deplorable stage in the autumn of ISIS
Oh competitive traffic between great cen
Tres the published t:.-ift was little moe
man a basis from which to calculate con
cesslons and Determinations with the ie-
sun that shippers who failed 10 secure
lhese unlawful favoTs we're in many cases
I FORCED 10 do business al a loss and i'm
SOME instances driven out OF business.
unfortunately the commission cannot pan
lsh these criminal infractiuns of the law
The most j. can do is 10 ascertain the
facts. Il possibly. and report them To The
Department 81 Justice. The commission
has made earnest and persistent efforts 10
secure enforcement Of the penal provisions
OF the law. but. whatever may be the rci-
son for failure the fact is thar convictions
nave been very few in comparison wi h The
number Of prosecutions Instituted.
Prosecutions Prove Futile.
Attempts 10 enforce the act By criminal
prosecutions must. under present cond.ti1rs
ana in the present state OF :he law. be for
the most part futile and Intellectual. though
1t is not doubted that the penal provisions
OF the statute could be made much mere ef-
fcctive by suitable amendment. Under
these circumstances but two courses were
open TO the commissioner accept the sit
uation as unavoidable and merely report 10
Congress that observance of published tar
ms could not he enforced or endeavor to
bring about such new conditions as would
render these provisions OF law operative Il
the fullest extSnt practicable The latter
course was adopted: and apparently the
best means 10 the end in view was TO have
personal interviews with presidents of the
more important lines for the purpose CT
securing a pledge from each that his read
would adhere to its own published rates |
ne commission perfectly understands that
competing carriers cannot agree with each
otner as TO what their competitive rates 4
snail be. and then agree with each other 10 /
and maintain those rates: but the i
commission believes it is not unlawful fer
such carriers TO mutually agree that each !
Of them will observe whatever rate 1t pub
lishes, each Of them beins perfectly free az
an! TIME, by independent and unrestrained
action, TO publish and apply just such rates
Is II pieases, changing or reducing the
same whenever it sees FL. In the manner
prescribed by section 6 of the act
Theoretically ii is possible for one
road TO absolutely conform to its published
tarlHs Whatever its competitors may do
in respect of their tariffs. but in point OF
fact such a thing has rarely il ever hap
pened. and is not likely TO happen in the
present state of the law Therefore each |
road IN promising to observe its own
tariffs. and intending ir good faith TO
Keep that promise, needs the assurance
that its competitors will also in good
iaith observe their tariffs The mutual
and concurrent promises TO each other
and to the commission. that each will
honestly adhere to It's published rates.
they may be. was practically
necessary 10 accomplish the result de-
sired. which was conformity to the re-
luiremen;s Of the act. So long as each
competitor is free to publish such lawful
ate as it deems best for it's interest and
nat rate Is not fixed or controlled by
agreement with its rivals either TO fix
" maintain IL. the independence Of each
u the carriers is secured and their com
'etition with each other by lawful meth
IDS Is unrestricted. This is precisely
What the commission has attempted TO
ring about. The charge sometimes made
hat these conferences we're for the pur-
'ose of making agreements TO maintain
'ates' has no foundation in fact"