Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-09-29
LAW MUST Be SOUND
Need of Care in Legislating
on Railway Rates.
LESSON OF EXPERIENCE
LoNG-AND-sHoRT-HAUL REGULA-
TON RENDERED INEFFECTIVE.
Importance of the Coming Inquiry in
This City in Regard to Private
Car Lines.
LESSON OF EXPERIENCE

The interstate commerce commission will
begin in this city a series of hearings in
the private car line cases October IS, and
although the committees of both houses of
Congress have gone into this identical
question at considerable length, the great
est interest is manifested in the reopening
of the matter next month.
1t Is believed by those who have given
the private car line controversy their most
serious consideration that the hearings be-
fore the commission may be productive of
much good in throwing additional light
upon the general merits of the whole vexed
question of railroad rates and their regula-
ton under government control.
Scope of the Inquiry.
For thing, the scope of the inquiry to
be conducted by the commission will not be
nearly so broad as that before the commit
tees of the Senate and the House, where,
it may be said without exaggeration, the
meat of the coeoanut was often ignored for
days at a time in order that minute ex-
animation might be made OF the musk
This was in a measure inevitable. owing
to the appearance before the two commit
tees of theorists and dreamers, as well as
railroad men, business men and practical
men of affairs Furthermore, the inter-
state commerce commission is composed of
men who have made practically nfe
study of railroad conditions, and their ques-
tons will be framed with view to securing
such Information is desired. unincum-
bered with data not entirely germane Tney
will proceed along specific lines OF inquiry
and will endeavor to learn, IN the snortest
possible time, all the additional facts they
can about private car lines and their rela-
ton to general freight transportation condi-
tons
n is more than probable that after the
Washington series of hearings, which will
probably cover a considerable period; the
commission will journey to several private
car line centers, several in the west, ana
possibly one or two in the south, and con-
tinue their investigations on the spot.
The Commissions Attitude.
The members of the interstate commerce
commission have not yet decided whether
the annual report of the body for this
wear, which will be submitted to Congress
before the holiday adjournment shall con-
tain an extended and comprehensive review
of the present situation in regard to ran
road rate legislation; a reaffirmat:on OF Ihe
commissions position IN the maeter anu
resume of its recommendations to orlng
ahout relief But at any rate it is probable
that the commission will devote prief put
| inDortant chapter in its report to the dls-
cussion of one phase OF the cas- WIZ VIZ mas
This particular phase of the situation mas
10 do with means and not intent II may
sound like an exaggeration to say that TINS
no rticular fact was not Sufhciently con-
ridered last wear when almost every man
interested in the situation had a sure cure
for all ills" and was anxious to see IL pus
in operation at once. But brief review OIL
the situa ton is convincing IN TINS REGARD.
high official of the government ana d
man who has made lifelong study or ran
road and freight transportation coho!tlohs
| smoke at some length to a Star man To-Day
| Of this phase of the case. This is the sub
| stance of what he said:
"A great many people-apparentfy ma
| iority of those who have undertaken to iehd
their aid in solving this great probiem-are
confident that the only thing necessary Is
| to endow the interstate commerce commas
sion with greater power ana lei them 40 tiie
rest The effect of practically all OF the
| remedies put forward at the last session OF
| Congress was something along this line.
But 1t must not be forgotten tnat CON
| sress has not the power to delegate us
| legislative functions 1t cannot create
| hndy of men under whatever title you
please and endow it with wide, discretion
| airy power. Consequently it Is very PLAIN
| that any court, committee or commission
| created by Congress with authority 10 oedi
| with the situation-to make railroad rates
must in actual operation possess very
! limited discretionary power All the
strengthening of the administrative metnods
| of such a body that may be attempted VIII
| not alter that fact. when the foundation
| upon which that administrative power rests
| is weak and full of cracks
Ineffective Legislation.
Twenty years ago. before the passage OF
| the original act to regulate interstate COM
/ merce, the long and short haul controversy
1.-THE question of the right of the railroads
/ to charge a higher rate for a shorter haul
was the all-absorbing topic. There Is no
doubt in. my mind that Congress intended in
| section four of the act to regulate inter
state commerce. to provide remedy for the
| conditions then complained Of The Ian
guage of the section in question is a guar
autee of that as the particular provision
| SAYS that ii shall be unlawful for any COM
mon carrier subject TO the provisions or
| this act to receive any greater compensa-
ton in the aggregate under substantially
| similar circumstances and conditions for a
| shorter than for longer distance over the
| same line in the same direction the shorter
being included within the longer distance.
There Is no reason to doubt the sim
cerity of those who framed that particular
piece of legislation, and yet what was us
| effect? Immediately was begun legal
| controversy that lasted for many years, and
that was apparently conducted for the sole
| purpose of finding out what was meant by
| section four.
der practically similar conditions higher
| rate should not be charged for shorter
! haul. But at the end of s-Ie fight the
/ courts decided that similar conditions could
| not be held TO exist when the fact of COM
| seldom, indeed, that a higher rate was
| charged for a shorter haul where compe-
| tition at the end of the long haul was not
/ responsible for the reduction. 1t can easily
| be seen just what were the results of the
| courts Interpretation of the law. The
| exception covered practically all of the
| actual cases. There was nothing left for
| the rule itself save distractions.
| Now, the failure of that law Is nowhere
| attributed to lack of zeal on the part of
| the trainers. 1t was due rather to the fact
| that the rules of conduct prescribed In the
| statute did not deach and could not reach
| many of the .offenses.
Evasion of the Law.
There Is another striking instance of the
/ inability of the present law to cope with
the situation which goes beyond that how
! ever and serves an indication of the
! many serious obstacles in the way afford
ing additional relief. Under the present
/ law railroad may lower its freight tariff
| by giving three days advance notice to the