The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-05-30
49, - -=r. = o.. u
COMMISSIONS POWERS

COMMISSIONS POWERS
No doubt this congress will 90 sooo
many things which 1T ought not TO nave
done and omit to do a great many Things
which it. ought to have done, .Dut' "nlle
there is no doubt that the promoters OF
MANY measures will be disappointed, IL
would really be wise for the element WIN
business instinct to give some ROBUST az
tention to the proposed compromise oy
which Senator Elkins accepts the reVlseu u.
Nelson Corliss bill, amended SO as 20
include a clauses authorizing pooling,
which is a feature Of his bill, om11teo III
the Nelson -Corliss measure.
Hinder the new measure, traffic assocla-
lions may be organized to- secure JUST
reasonable, non preferential, uniform and
stable rates, under just rules and regula-
tions for the interchange Of Interstate
traffic the term of such associations oe-
ing limited to ten years. Articles or as
sociation must be fled at least twenty
DAYS before they take effect and the IN
terstate commerce commission, II 'ne
articles are found to- be OF 1nsumclen'
service or adverse to the shippers inter-
ests. may sdieapprove OF them ana Issue
an order to void them. --.- L F..
The commission lis given the power TO
scrutinize the papers and records OF eacn
association and the orders of the latter
affecting rates must be filed with the
commission. All agreements made by
carriers, apart from the provisions ind1-
Gated. subject the carrier to a penalty OF
Sc 900 for each day Of the continuance OF
the unlawful association, and there is no
punishment by imprisonment. The rul-
ings of the commission are effective until
reversed by the courts, and no rate-maR-
ing power is given to the commission
the latter being allowed to correct rate
which has been found unjust or dis
crfminative, after full hearing, and ap-
peal Is allowed to the federal circuit court
for review within twenty days after
| service of the order on the carrier. Inc
court may suspend the commissions oroer
| for thirty days, and, If the order appears
| to he unlawful, the court may suspend Its
onerations pending the proceedings and
yacate it If it is found, on Judicial inquiry
to be unjust. Either party may appeal
to the United States supreme court within
thirty days. The carrier is fined $o,oo'
for Transporting, or offering to transport
traffic at less than published tariff rates
or on terms other than the published
| tariffs or making any rebate from pup:
lished rates and for making false rep
reservations Of weight or description O.
property transported. III
It would appear from the provisions O
this new compromise measure that tnos'
who have serious objections to giving tn
Interstate commerce commission arpltrar!
power in rate making, and their oooec
I lions are welI-grounded, ought to supper
it, for its powers. are strictly limited
while the strongest kind of safeguards ar
thrown ) around the pooling provlsloo,
which gives the government REASONABLE
closeness OF supervision. The railroad
are protected from the sclicitations OF Oh
shippers who, make " demand LOT re
ha+es and such !on will inure t
their own we'll Rebates are no
paid uaasked r. re solicited by ship
l. rs.
pers who play one road against the othe
by intimations Of lower rates by riva
E,tne ".Thev mean loss to the roads and in
Justice to the small shippers
The Cullom committee Of 1886, Wh1c
prepared the: interstate commerce ac'
said in their report that 1t would be wise
to permit pooling agreements rather tina
. BY prohibiting them to render the enforce
ment and maintenance Of agreed rates&1m
practicable.s This .recomm endat1on wa
disregarded and to-day 1t has as muc
national force or more, than it had then
The proposed compromise bill seems
he In accord with the business deman
fnr effaetiye government supervision 9
the railway traffic advantageous ootn
the carriers and to the public