The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-02-03
COMMERCE COMMISSION
BY It's Supineness Has Made a Dead
Letter of the Law.
MAKES NO EXCUSE FOR THE RAILROADS
Believes that the Attitude OF the Com
mission ls lne&ousable--Has Remedy
in Its Own Hands.

Louisville, Ky, February o-rho+ ,h.
,n'eistate commerce commission Is itself to
p'uine Ior the rate cutting which it con
uen,HS in us last annual report is the claim
hiaue oy walker d. Hines, 1rst vice pres.
ueht OF the Louisville and Nashville Rail.
road company. In pamphlet which he has
Just issued. Mr.. Hines has given special
attention TO this subject His contention 1,
In substance as follows:
The commission endeavors, as was done
Tor years. to cite support for its demand for
more power by describing the prevalence OF
secret rate cutting. II held new inyestlga-
tons at Chicago and Kansas City to dis.
lodge conditions which It has known for
years, delaying the publication OF its re.
pert SO as to give the results of these hear.
ings.
lie continues: THE indsputable fact
must he kept before the public that the
prevalence Of rate cutting Is an unauswer-
aDle argument against giving the commits
sion more power, but II is due principally
10 tue commissions utter failure to perform
us manifest duty
The paramount purpose of the law was
TO secure publicity aud the maintenance OF
taflH rates. II Is the express duty OF the
commission to keep advised and enforce tnK
law. II has the widest possible powers OF
Investigation including the right TO call
Tor the production of all books, documents
ana papers, and II can require the district
attorneys of the United States to prosecute
an Nlolators. These powers have been up.
held by the courts The commission, how
ever. has not only failed to dcts}e Its time
aud energy to discovering and prosecuting
violations Of the law, but II has low It's
Suplncncss acqulesced IN and encouraged
them and has done all in its power to break
down the force of the act and make lt a
n "a
the courts have made It's enforcement i'm.
possible. whereas not a single decision has
impaired the commissions power to prevent
rate cutting.
"As an Illustration Of It's methods. It
states In Its last annual report tnat the
courts have held that to convict for ayiug
q rebate 1t is necessary to show not mere
~ that me railroad company paid rebate
10 a particular shipper. but il must also be
shown that II did not pay the same rebate
10 some shipper which, MS n practical mat
ter, is almost impossible. This statement
/ Is not true. The very decision referred 10
distinctly held that the mere fact " paving
rebate from the tariff rate Is In Itself an
Ofrensc regardless of what was paid by any.
body else and the act makes this ofcnsc
punishable by ine which may be as much
as 5000 for each instance where the tariff
rate has been departed from.
THE commission seems 10 nave made In
vestgations upon the subject not 10 enforce
the act, hut simply to advertise its con
tcntlon that the act Is not enforceable.
moreover, no part OF the new power now
asked by the commission would have the
remotest tendency TO prevent this rate cut
ting and tbls report shows that this Is now
| the evil to he contended with.
~ make no attempt to excuse the rail
roads for violating the law hut | Insist
| that the commissions attitude is mex
cueable. Offended because the courts over
ruled It's erroneous assumptions Of powei
In other directions II has been skulking for
| years. trying TO create the false impression
| that the act is worthless and seeking t(
use the rate cutting which It could ans
ought Ia have prevented "a q basis for dc
manding radical mowers which would IN nc
| way tend to correct It,.