The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-12-05

i should be enacted from any corpora
j ton which fails to respect an order
of the Commission regard this
4 power to establish a maximum rate
as being essential to any scheme OF
real reform IA the matter of railway
regulation The first necessity is to
secure its and unless it is granted to
the Commission there is little use IN
touching the subject at all.
III transactions often occur
under the forms of law. 1t has
often occurred that a shipper has
been told by a traffic officer to buy a
large quantity Of some commodity
and then after it has been bought an
open reduction is made in the rate
to take effect Immediately, the ar
rangment resulting to the profit of
the one shipper and the one railroad
and to the damage of all their com
petitors; for it must not be forgot
ten that the big shippers are at least
as much to blame as any railroad IN
the matter of rebates. The law
should make it clear so that nobody
can fail to understand that any kind
of commission paid on freight ship
ments, whether in this form OF IN
the form of fictitious damages, or OF
a concession, free pass, reduced
passenger rate, or payment of brok-
erage. is Illegal 1t is worth while
considering whether it would not yoe
wise to confer on the Government
the right of civil action against the
beneficiary Of rebate for at least
twice the value of the rebate; this
would help stop what is really black
mail. Elevator allowances should~bel
stopped, for they have now grown
to such an extent that they are de-
moralzing and are used as rebates:
TIL Abest possible regulation OF
rates would. of course, be that regu-
lation secured by an honest agree
ment among the railroads them
selves t0carry out the law Such
general agreement would, for in-i
stance, at once put "a stop to the Ell
forts of any one big shipper or big
railroad to discriminate against or
secure advantages over some rival
and such agreement would make the
railroads themselves agents for en-
forcing the law. The power vested
in the Government to put a stop to
agreements to the detriment OF the
public should. in my judgment, be
accompanied by power to permit
under specified conditions and care
full supervision, agreements, clearly
in the interest of the public. But
in nv Judgment, the necessity for
giving this further power IS by no
means as great as the necessity TOR
giving the Commission or admins
trative BODY the other powers l have
enumerated above; and it may we'll
be inadvisable to attempt to vest this
particular power in the Commission
or other administrative body until
it already possesses and is exercising
what I regard as by far the most I'M
portant of all the powers l recon-
nend-as indeed the vitality import !
ant power-that to fix given maxi !
mum rate. which rate, after the
lapse of a reasonable. time. goes INTO
full effect, subject to review 10y the ,
courts.
roads. refrigerator charges, and the
like should be expressly put under
the supervision Of the Interstate
Commerce Commission or some
similar body so far rs rates. ana
agreements practically affecting
rates, are concerned. The private
car owners and the owners OF indus
trial railroads are entitled to far
and reasonable compensation on
their investment, but neither pri-
vate cars nor industrial railroads nor
sur tracks should be utilized as de-
vices for securing preferential rates
4 rebate in icing charges, OF IN
mileage, or in division of the rate
for refrigerating charges is Just as
r,rrnicions as a rebate in any other
way. No lower rate should apply
ON goods imported than actually OBJ
~tains on domestic goods from the
american seaboard to destination
except in cases where water comPe-
tition is the controlling Influence
There should be publicity of the ac-
counts of common curriers' no com o.
mon carrier engaged in interstate
business should keep any books or
memoranda other than those report
ed pursuant to law or regulation
and these books or memoranda
should be open to the inspection OF
the Government. Only in this way