New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-20

ually limit the commission 70 power merely over
effect would be TO give the c0tG it d m
not. may institute proceeding attacRInG a rate.
i'm the nreIiiSes An illustration of this was the
maximum rate case, decided by the commission IN
1894 which involved in one proceeding praclcally
i on E''t fs on he Commssion has frequently
a6 1--we of rates is extremely intricate and
the principles which II would aet STe ny no
that any large business. in order to succeed must
" ifoTaTiized II il be Subjected to process
Of dissection according to abstract rules. and its
having interest IN responsibility lor Inc gen
The proposed changes would be merely a, step
forward toward general governmental regulation
stitufinn any specaI power over the carriers. The
provision is that 1t shan haNe poMtI ~ az
several States But the shipper Of goods is
TieT Of the goods shipped The shipper and his
business are. therefore. quite as huSI Withln tle
Rumblings already heard OF purpose to SUB
ect federal control all persons ehsaee IN inter
really settled by litigation before a commission
gidity would ensue which Would intoierabe
shippers Those persons who are engagf S IN , me
aspects of the case ,ouoo 90. -.os
ther legislation enlarging the powers, OF the com,
i3a ehlo iI n the law Yet the past record
indfrates that the conditions have been exaggerat-
ed and that the commissions action in contested
cases has had little effect.
From the time Of IFS creation in 1857 S until 0c to
Der 1901 the commission rendered 2sl formal de-
cisious This period OF seventeen years ana
the decisions therefore averaged about seventeen
commandments was taken In 1874. about 90 per cent
OF the cases decided so that the complaints coming
loMnded 5 aEeI1ffu :. % rss nave been nsti-
mission or about and "ne-haIf per arnum
to final hearing In one of them the commits
sions order was partially 'ust l'nfH ty me gu
preme Court. and I'm its order was sustained
in the Circuit Court and there was 70 appeal In
thirty cases the order Of the commission was re
This therefore shows that. in the seventeen
the orders passed upon by the courts were held to
Of unreasonable rates but of alleged discrimina-
record it seems doubtful whether any new eX-
pcdient will have effect, save possibly to lead to
some temporary em3aTDas5mfh[i IeFIaiIy me
orders should be effective before the courts have
The commission has done very useful work in
promoting settlement between the parties OF com ON
Of The dompIaimty WHEN have come before it. The
probably in effective effort TO enforce in the
courts the laws which now exist mere IS no
branch OF g3Xernmental power eNeEI seq Dg d
board prescribing lutuTe condltlons. thdeT con
stitutional rules settled by the SurTeine GouTt,
subject To litigation upon the question of its rea-
I-nder the decisions of the supreme Court the
commission has no judicial character and il is a
rule Of the American CONSTITUTION that administra-
tive ana judicial functions cannot be exercised by
the same officials The present delay in the pro
the commission which legally speaking have re
oroyision has been made for expedition II there
fore the commission would continue its useful work
when il is satisfied that a meritorious cannot
he settled in this manner would resort directly 10
rights of the parties. probably the best results
sion would be greatly increased and the public in
terest would be served
William II Truesdale president of the Delaware
I-ackawanna and Western Railroad Company, says:
The proposed Iegjslation ~ Congress- giving the
me b PesJt in his lTeg is o,f S geo
dangerous experiment. which may lead TO serious
and far reaching consequences. affecting alike the
business and railroad interests generally Of our
70 take away from the railways the right to es-
sOuahle rates and charges for the service they viii
render the public and empower q commission to do
50. and require the railways TO make effective the
cOmmissions rates. denying them the right Of APP
Of justice the taking of the property Of the rail-
Ma{ys Wih3ut due process OF law a denial Of the
Neither the existing general business conditions
OF our country nor those Of any particular section
or community warrant or Justify any such radical
departure from our past policy in dealing with
great transportation problem.
Mr.. TruesdaIe adds that in his opinion lectsia-
ton suggested since the Message was published
looking 10 the establishment of Interstate
Commerce tribunal. the members of which should
be appointed for life. would be fair the rail-
roads and would not be seriously opposed by them
The members OF such tribunal should men
Of Judicial mind, but not necessarily railway
experts.
4. r. Suckney. president of the Chicago Great
Western Railway Company. is among those who
do not object to government regulation of rail-
way rates. Mr. Suckney said a few days ago:
There is plenty of law doubt, IN the Inter
state Commerce act. but the Interstate Commerce
Commission itself lacks potency. The net re-
suits OF The law have been beneficial. It ought to
be strengthened in several ways. however.
the commission given more money make
really efficient The general railroad situation
is better in many respects than before; rates
are more equitable than formerly. The power
the courts to enjoin the giving of rebates has
pretty nearly ended that practice the Western
lines, though a few roads still give rebates
grain shipment.