The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1903-12-22
Charge Against Interstate
Commerce Commission.
JOSEPH NlMMo COMMENTS
Request Made to Congress, if Granted,
- Would Wreck Commercial and
Industrial Interests.


years prior TO the enactment of the
interstate commerce law was chief OF
the Treasury Bureau OF Statistics, in
an interview with a reporter for The
Times made the following comment up
on5the synopsis furnished TO the press
OF the report of the Interstate Com
meree Commissions:
There is much in this report" said
Mt, Nimmo, for rejoicing and some
thing for Reproduction. in the face OF
the fact that the report of the commits
sion is in the nature Of a jeremiad on
railroad management, the following
disclosures appear;
81. During the past year the rail-
road mileage of the country exhibited
an Increase of l.S03 miles, and now
amounts to COL fs7 miles of line
-. The railroad traffic OF the country
increased enormously.
SO. Rates, on the average, remained
substantially unchanged.
I'd. AS the result OF increased traffic
and mileage, gross earnings increased
from S1,726 $50 2e7 in 1909 to 81. $50 .679 IN
1905. The percentage which went to ex-
penses increased from s. per cent IN
1903. TO 66 per cent in 1903. while the
share which went to the railroads. as
net earnings. fell from 80 per cent in
1902 TO "a per cent in 1903, Indicating that
the result of railroad operation during
the year was more favorable to the
general public than TO the railroad COM
p9nies.
Favorable Aspects.
IS. During the past year 544 com
plants were made to the commission
of which 462 were settled informally
through the officers Of the commission
as arbitrator and coDciliatOr-its chief
ftnction-but only 50 contested cases
and Investigations came TO a formal
hearing. But these constituted only
one in millions of transactions and
were comparatively almost infnitesi-
mai In connection with this number
OF Hearings before -sthe commission
must be taken the fact that since II
was organized sixteen years ago. not q
single. case Of exorbitant rates has been
proved in the courts. and only one
case of unjust determinations in each
two and One-half years Of the exis-
tenee of the commission Another IA
vorable aspect of the email number OF
bearings is exhibited in the fact that
the costs Of hearings before the com
mission and Of adjudication before the
courts are payable out OF the national
Treasury.
Promoting Litigation.
BESIDES. the commission employs
special attorneys to prosecute COM
plants at the expense Of the Govern
Tnent. This. of course. looks very much
Ike the ancient offense known as main
tenance, a misdemeanor at common
law, and species of crime under the
Roman law. The policy Of civilized ma
tons is still opposed to promoting liti-
CATION. Small wonder Il is, therefore
that with such facilities in the hands
OF the commission for promoting It'll
cation the number OF contested cases
and Investigations should have slightly
Increased. and especially at time
when such increase subserved the pur-
poses Of the commission. The num-
Der Of hearings is. Of course, entirely
discretionary with the commission.
That body admits in it's report that
this procedure is questionable in the
public judgment. And yet this feature
OF tina. administration of the act TO
regulate commerce is thought to be
benehcent. With such extraordinary
facilities for litigation IL is astonishing,
and in the highest degree gratifying, TO
note the small number of hearings
and much smaller number of judicial
determination Of wrongdoing-
Subject to Reproduction.
The feature Of the report Of the
commission just issued, which is prop
erly the subject Of reprobation, is
found in the studied attempt Of the
commission 70 promote the passage OF
! bin now before Congress-the express
sion Of a weil-known propaganda
which proposes 10 endow the commits
sion with the despotic dispensing power
OF ratemaking, thus practically elimin-
sting the Federal judiciary from any
consideration OF interstate commerce.
gases. The most striking feature OF
this mistaken endeaVor is that IL is
founded upon a baseless assumption and
tpon fallacious reasoning calculated tc
nislead Congress.
'SThe assumption is made that the act
to regulate commerce is inadequate TO
One benefcent regulation Of the rail-
E0sds. The lessons Of experience clear
b prove that the administration OF
fhe act 10 regulate commerce has been
quite as effective as any punitive law
On the national statute books, even ia
the hands Of a commission bitterly OPP
posed to its general policy. This is in
dicated not only by the small number
Of hearings and judicial determinations.
but in a higher degree by the perfect
success OF the commission in its work
Of arbitration and Cancellation, all OF
which reflects great credit upon the law.
and also upon the conduct Of the
American railroad system.
Misleading Representations.
THE misleading representations Of the
commission are expressed ip its attempt
70 induce Congress 10 provide that the
courts shall sanction rates for the
future prescribed by the commission in
the exercise OF a proposed autocratic
dispensing power ia the face Of the plain
declaration Of the Supreme Court OF the
United States that the judiciary will
consider only the Justice or injustice Of
rates which have been charged and col
lected and viii not adjudicate as 70
rates for the future made by a non