The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-04-01
THE I. C. c, ACTIVITY

| eoinnnefce commission, said yesterday in
chicago, that the commission is, intent
! upon employing every means in it's power
10 secure absolute observance Of the pro-
visions of the interstate commerce act
and will not halt because of the steps
taken through the United States district
courts IN the west to enjoin certain rail-
way corporations against rate cutting re-
pate granting and other violations of the
interstate commerce law The effect of
the actions in the courts has been to
lead several of the railway COMPANIES tn
comply with the order restraining them
/ from giving discriminating rates but
'here stlll remains question as to the
power OF the government to enforce the
interstate commerce law. the district
Judges maintaining that, il the current in
functions can be maintained, courts Of
equity would become masters of the main
tenance of rates. The president I'M
doubleday intended by the reference he
made to the interstate commerce law and
secret rate cutting in his message. to
have the law enforced to the letter to
ascertain whether it lacks the goad of
compulsion necessary to cover the whole
ground of transgression, as would seem
to be the case, Judging from the state
ments of the commission, reiterated an
.nually, that it has not the power to en-
force the law. The potentiality OF anv
law can only be discovered by enforcing it
and the commission is now endeayoring to
carry out the presidents ideas on the
subject. He says to the commissions use
the power you have and, if it, is not cqua,
to the enforcement of the law, 1t will
be time to amend it and to make it more
effective" AS matter of fact, rate cut
ting Of every form is now prohibited by
thessxisting act. under very heavy penal
taes &nd the commission is required to as
certain and prosecute all violations of the
ltw in that regard. This, Commissioner
Prouty says, the commission is trying to
do now
SThe usual mode of procedure now
is for the commission, on receiving a
complaint Of the violation of the law, to
summon witnesses. examine the matter
and promulgate its decision as an order to
action complained Of is found to be q
violation of the law. These orders are
generally disregarded by the carriers, who
refuse to recognize their validity, and
then the commission appeals to the
United States courts for an injunction
compelling obedience to the order. The
courts review the whole case and on the
findings issue order, which, after being
upheld by the supreme court in case APP
peal is taken, is binding on the railways
commission complains that this entails
! lntolerable delay in the redress Of griey-
ances and postponement of all definitive
proceedings and denial in many cases Of
any effective remedy whatever for loss
incurred by shippers. There are bills be-
fore congress to shorten the process in
making orders effective The objections
to the law stated by the commission are
legitimate, but it is not certain that the
public or the railways would be any better
off II the desire Of the commission for
investment with general ratenaking pow
ers is granted by congress. Rates might
be cut by the roads under arbitrary COM
mission rates just the same. Ultimately
the problem may be solved, not by gov
eminent ownership Of the railroads, or
by giving the commission final power to
fix rates, but by giving the roads the right
to combine and fix rates subject to gov
eminent supervision and control.