Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-12-29

In his annual report Attorney General
Moody said that II the power. upon com
plant, to fix future maximum rate and
put it into effect within reasonab bic
time, subject to appeal to the courts,
should be given to some administrative
body created 10y congress, weapon
against discriminatory practices, much
more potent than any now available,
would be put into the hands of the gov
eminent. He urged that upon proof that
ferred shipper, the body clothed with the
power to fix future maximum rate
might we'll determine that the rate
which the railroad could afford to give to
the preferred shipper it could afford to
give to all shippers In like situation.
The attorney general expressed the opin-
Ion that such Il finding the courts upon
appeal would not reverse. 'for no better
evidence of the legality and justice Of
the rate thus fixed could he found than
in the action of the carrier itself. 1t
would be difficult for the carrier to main
tain that rate actually charged by it
was confiscatory or unjust"
Mr.. Moody pointed out that instead Of
long drawn-out proceedings speedy
remedy, with few delays and no embar-
RAISING constitutional questions, would
be available "Such n remedy would not
only be speedy, but it's very existence
would act as a powerful restraint upon
all discrimination between shippers.
The fear of the carrier of iniunctions
and criminal prosecutions would be
slight IN comparison with the fear that
whenever it was discovered that one
shipper had been given a lower rate than
his fellows the same rate might he by
law at once extended to ALL" Moreover,
for an unlawful advantage would be les
sened II 1t became apparent that the
lower rate which he might secure would
be speedily extended to his competitors,
since it is the advantage over his COM
petitors. rather than the mere saving in
freight money. for which he is most
eager. Thus" said the attorney gen
eral. 1.-The mere existence of the power to
fix future maximum rate. with the
strong probability that it would be ex-
ercised In the manner indicated. would
effectively discourage both the shipper
and the carrier. the two parties to the
unlawful practice"
The principal objection urged to this
Is that 10 make the low rate given to a
shipper the maximum rate for all on the
offending line would have the effect to
compel unoffending lines to come down
to it or lose the competitive business.
This objection, however, will not have
much weight with those who demand
that the public shall be adequately pro-
tected against rate discrimination. The
railroads must take care of themselves.
They can. If they will, put a stop TO
rate and every other form of discrimina-
! ton and II they do not do so they will
have to take the consequences. The evil
uoer Hlust De puhlSheu III oIuer w ueler
| others from doing evil. The view of
Attorney General Moody. that If the
power to fax future maximum rate
should be exercised in the manner he in
! dicates it would prove effective in pre-
venting rate discrimination. appears to
he entirely sound and reasonable. 4
bill has already been introduced In con-
gross which provides that when a road
gives rebate the net rate so produced
shall become the maximum tariff rate
and competing roads, innocent of rebat
ing. shall have an action for damages for
all losses so incurred against the cutting
road.