Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1904-12-21
MORE POWER ASKED FOR,
Interstate Commerce Commission
Makes Report.
CAN'T ENFORCE ORDERS.
Eighteenth Annual Report Shows Evils of
Private Cars in Traffic-Railway
Accidents Adverted To.


commerce commission was submitted to
Congress today. After an opening state
ment concerning railway operations dur
ing the year, the commission proceeds di-
rectly to discuss the regulations Of rates
and the amending legislation deemed
necessary to enforcement of the statute.
Under this heading reference is again
made to the two principal objects of the
act to regulate commerce, the publication
and observance of tariff rates, and the
correction, on complaint, of established
tariff rates. The commission says i'll sub
stance that successful regulation of rates
depends upon the effective operation of
both branches of regulation. The act, as
amended by the Elkins law of February
10, 1903, and which deals with the pub
LEGATION and invariable application of tar
ifs, appears to be operating successfully
as applied to carriers subject to its pro-
visions; but, as elsewhere explained, it
is believed that these provisions might
be made somewhat more definite and eX-
tended to apply to other agencies con-
nected with transportation which may
now be used as a means Of aHordlng con-
cessions to shippers, which in effect re-
duces the cost of moving their products.
Commission Lacks Power.
The commission calls attention to the
fact that there has been no amendatOry
legislation comforting power over this rate
and making the orders of the commission
effective. In the present state sof the
law. after careful and often extended in
yestigatiOn, the commission may find
rate complained against to be unreason-
able and order the carrier to desist from
charging that rate for the future: but it
can not, though the evidence may and
usually does indicate it, find and order
the reasonable rate to be substituted for
that which has been found to be unlaw-
full. Any reduction of the wrongful
charge amounts to technical compliance
and frees the carrier from any legal
obligation under the order. The com
mission can condemn the wrong, but it
can not prescribe the remedy. Two cases
of unreasonable rates decided during the
wear are cited as showing some reductions
from the rates found unreasonable, but
which were not so great as those recon-
mended by the commission.
Carriers May Ignore Orders.
Carriers are entitled to ignore the order
of the commission and await the judg-
ment of the circuit court upon a petition
by the commission and another trial of
the issues IN that court. The more i'm
portant the case my be, the greater the
benefit conferred upon shippers or COM
munities. the less likely is the order of
the commission to be obeyed. The COM
mission must not only render a just de-
cision. but one that is convincing to the
carrier, to afford the relief from unlawful
rates contemplated in the statute If the
decision of the commission is right, the
public is entitled to have it go into
effect If it is wrong, its operation
could be enjoined upon showing to that
effect by the carrier in a suitable and
summary proceeding in the federal court
The amendments to the statute recon-
mended by the commission involve no
1olo Tor Of
instance or at any time, but simply the
redreSsing of transportation 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 operation of law become eff
fective upon the date therein specified.
In the fixing of rates by carriers upon
all commodities for transportation in all
directions and between all points reached
by railroads, it is inevitable that much
injustice, unfairness, unreasonableness,
preference and discrimination will be
practiced Notwithstanding the greatest
care and ripest judgment may be exer-
cised by the railway officials. These
errors Of judgment on the part of the
railway officials constitute the reason for
federal regulation and the basis of the
present widespread demand for an
amendment of the existing statute which
Nv
Opponents Misrepresent.
The commission alludes to the persist
ent Misrepresentation by many who are
interested in opposing this legislation,
that the amendments desired would con-
fer upon the commission the power to ar
bitrarily initiate or make rates for the
railways, and that it would be most
dangerous to place this vast authority in
the hands of five men, especially five men
Ia Io1 &c Tvs 1y
traffic managers No such power has
been asked by or is seriously sought to
be conferred upon the commission.
Though the popular demand may even
tually take that form, under the stress
of continued delay in remedying ascer-
tanned defects in the present plan of regu-
lation, the amendment recommended by
the commission, as to authority to pre-
scribe the reasonable rate upon complaint
and after hearing, would confer in sub
stance the same power that was actually
exercised by the commission from the
date of it's organization, in 1897, up to
May, 1897, when the United States SUI
prone court held that such power was
not expressed in the statute.
Authority to Establish Rates.
The law provides for a complaint full
hearing, a report and opinion, and an or
der. This proceeding is essentially jul
dicial in character and form, and bears
no resemblance in any degree to the ar
bitrary action which would result under
authority to make tariffs Of rates abso-
lutely for the railways, either in the first
instance or after some form of hearing
or investigation. The situation is regard
ed as increasingly grave, in view of the
rapid disappearance Of railway competi-
ton and the maintenance of rates estab-
lished by combination, attended as they
are by substantial advances in the charges
r4i of ucphol1 nponSSitU
Though the law is extremely defective,
aggrieved shippers have no other recourse
than to appeal to the. commission,
in the hope of some relief from condi-
tons which they regard as intolerable.
All concede that rates should be rea-
sonable and just. When they are not
so, there is now no adequate means of
making them reasonable and just unless
the carrier can be convinced and per-
suaded to do so. The interets of one
party can not be safely relied upon to
determine and protect the rights of an
other. Authority TO require the establish
ment of joint through rates over connect
ing and continuous lines is also believed