The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-23

cation under the order The commits
sion can condemn the wrong, but it
car not prescribe the remedy. Two
cases of unreasonable rates decided
during the year are cited as showing
some reductions from the rates found
unreasonable, but which were not so
great as those recommended by the
! { , mmission.
Carriers ignore the order of the
commission and await the judgment
of the circuit court. The more 1mpor-
| benefit conferred upon shippers or
communities, the less likely is the or
der of the commission to be obeyed-
Tho commission must not only render
a Just decision, it says, but one that
is COnN incing to the carrier, to atord
the relief from unlawful rates contem-
plated in the statute. In other words,
the railroads do just as they please
about complying. If the decision of
the commission is right the public is
entitled to have it go into effect If 1t
is wrong, it's operation could be en-
Joined upon showing to that effect by
the carrier in a suitable and summary
proceeding in the federal court The
amendments to the statute recon-
fixing of whole tariffs of rates in the
first instance or at any time, but
simply the redreSSing of tranSporta-
ton wrongs shown to exist after full
investigation during which all affected
| interests have been heard. And when
an order is issued against a carrier
under such procedure it should by OPP
Grafton of law become effective upon
1.-THE date therein specified.
In the fixing of rates by carriers upon
all commodities for transportation in all
directions and between all points re-
| ported by railroads the commission says
/ it is inevitable that much injustice, I'M
| fairness, unreaSOnableneSS, preference
/ and discrimination will be practceo,
notwithstanding the greatest care ana
| ripest Judgment may be exercised ny
/ the railway officials. These errors Oh
/ Judgment on the part of the railway OIL
/ ficials constitute the reason for federal
regulation and the basis OF the present
widespread demand for an amendment
| of the existing statute which Will enable
| their speedy correction.
| With justifiable emphasis the COM
mission denounces the persistent mis-
representation of which it has been the
| victim. 1t has been said over and over
| again that the new law asked for wouih
confer upon the commission the power
| to arbitrarily initiate or make rates Tor
! the railways, and that it would be most
dangerous to place this vast authority
| in the hands of five men, especially IVe
| men who have had no experience as
| railway traffic managers. NO Such pow
er has been asked by or is seriously
sought to be conferred upon the COM
mission. Though the popular demand
may eventually take that form, what
the commission now asks for is author
| ity to prescribe the reasonable rate up
would be in substance the same power
| that was actually exercised by the com
mission from the date of its Organizes
ton in 1887 up to May 1897, when the
| United State supreme court held that
such power was not expressed in the
| statute.
Evidently having in mind the argu-
ment of some senators that to make
rates is legislation, and the commas
sion cannot legislate, the report says:
1.-The law provides for a complaint,
! full hearing, report and opinion ana
an order This proceeding is essen
| TALLY judicial in character and form,
and bears no resemblance in any de-
gree to the arbitrary action Whlch
would result under authority to make
! tariffs or rates absolutely for the rail
| ways, either in the first i stance or
after some form of htarine or 1nVesu-
CATION. The situation is regarded as
increasingly grave, in view of the rapid
| disappearance of railwa competition
| and the maintenance of IS estab-
| lished by combination, atlecded as
/ they are by substantial advances q, the
| charges on many articles of houSf ola
necessity. Though the law is extreA 0e-
ly defective, aggrieved shippers ha re
no other recourse than to appeal TO
the commission in the hope OF some
relief from conditions which they re-
gard as intolerable.
"All concede that rates should be
reasonable and just. When they are
/ not so. there is now no adequate
means of making them reasonable and
| just unless the carrier can be con-
WINGED and persuaded to do So The
/ interests of one party cannot be safely
relied upon to determine and protect
the rights of another. Authority to
require the establishment of joint
! through rates over connecting and con-
/ tinuous lines is also believed to be
necessary if authority to correct an
unreasonable or unjust rate should be
granted"
Private freight cars as devices for
securing determinations in rates are
vigorously dealt with by the commits
sion. Some of the evils attending the
use of such cars are thus described:
| Il. Concessions are made to par
! ticular shippers in refrigeration
| charges which amount to the payment
| of q rebate.
! "2. A practical monopoly has been
| created in the use of private cars for
| the movement of certain commodities,
| especially fruit. which has enormously