New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-15
THE RATE FIXING POWER.
COMBUSTION ASKS FOR 1T.
Railroad Problems Discussed IN Re-
port to Congress.

| ,4.aa - Congress- to-day sets forth the general
reasons for proposed amendments to the act 20
reg,,late commerce contained In the Dill supnli'Veo
tn the Senate Committee on Interstate commerce
| The most important amendment is delegation OF
authority to the commission to determine what I's
should be substituted in place of one FOUND aAIeS
| full hearing, TO be unlawful, with the laIene- -
vison that the order Of the commission prescribing
/ sucb substituted rate should take effect within
reasonable time. unless vacated or set aslde py
judicial proceedings. 1t is designed In tne ADleuu
| ment 10 confer this authority in unuliSSdIA1DAs
terms and in conformity with the decisions OF tns
| sunreme Court and the opinion Of the Attorney
General respecting the power Of the courts ana
the constitutionaity of such legislation
The commission recommends that the phrase
"under common control, management or arrange
ment" in the first section OF the law. be omitted
This would make the regulating statute apply to
| certain classes Of carriers now exempt from its
application and requirements The definition IN
the first section of the term transportation
should be enlarged so to include the charges
for various services, such refrigeration and the
like which claimed to be beyond the
authority of the commission The obligation 70
furnish and provide the services here referred to
is also proposed. which is likewise point now In
dispute
At the present time, the commission says, large
quantities of perishable commodities are transport
ed Over such distances that artificial refrigeration
is necessary and in such transportation the Ice Is
just as essential as the hauling of the car The
owner of the commodity transported can no more
provide the refrigeration than he could provide the
transportation itself, and the consequences of an
exorbitant iciag charge OF discrimination in re-
frfgeraton charges are serious the same kind
of extortion or discrimination would be in the
transportation charge itself While some railroad
companies furnish refrigeration themselves in most
cases It is furnished by independent companies.
which usually provide tho car, for which the rail-
way pays. and the ice, for which a charge is made
against the shipper To-day this business has fallen
into the hands of two or three companies, Of which
the Armour lines is the principal Extended
Investigations by the commission have Led 10 the
conclusion that the charges imposed are, in some
cases at least exorbitant. and that those charges
are not uniformly exacted.
The commission has held that the furnishing Of
refrigeration is part of the transportation itself
and that the railway is obliged. under the present
law, to publish and maintain its charge for icing;
but the railways confidently insist that providing
refrigeration is a local service which is not and
can not be put under the supervision of any GOV
ernment tribunal; and that even If Congress might
impose upon the carrier the duty Of furnishing this
service, it has not done so that 1t is furnished by
private persons and not, therefore. subject to the
jurisdiction Of the commission 1t IS not recon-
mended at this time that the carriers should be
prohibited from using private from en-
ployng the owners OF such cars to perform the
icing service if they find that course to their adj
vantage. but the commission does recommend that
these charges should be put the same basis as
all other freight charges far they can be.
PUBLICATION OR' TARIFFS.
In its proposed amendment to the sixth section
OF the the notice of tariff changes is extended
to sixty days. but the commission may modify this
circumstances appear to require. The commits
sion says that such length of notice would add
greatly to the stability of rates. which is matter
of great Importance but that it is not particular
as to the exact time, long it materially ex-
ceeds the present Limitation. Under the plan pro-
posed the commission would be enabled to allow
short notice of changes in export rates. for
pie, and even to dispense with their publication in
proper The aim is give to the sixth sec
ton adapIability TO commercial conditions ana
business requirements which ought not to be SUBJ |
Jected to one unvarying requirement
The commission has held that the present law
requires the publication and maintenance of ex- |
port rates. and that good policy also demands the
same course. There is substantial reason Uhy
domestic rates should be published and maintained
"hch does not apply with equal force to export
and import rates; and to require the publication
In one case and dispense with it in the other nens
VIDE the door to ali sorts of determinations not
only with respect to import and export trafao it.
sen! but with respect to domestic traffic where the
commission proposes that the SIKH II BUSINESS c1i me
nodined as plainly to include this species OF trattc
out tnat the commission be enpoWere,; IN aSsnond
and modify the requirement ia this resnecf gPan
teEest '-.~S S's'u necessary IN the public In
The commission observes that, while the third
to secure the interchange OF traffic BY conneotins
any Carrier between its Gdhg aTenf
mas been held both by the courts and the II
because no means provided for
sI Ill IN the conditions upon which trafic
through rate which shall be received nv the
riers are now under no legal obgatiGEp ca To
ssIaoRsa through routes or Joint rates and
rangements when they have been actTaS suSn ar
the most important Of this countrg a part 1871 o.
rates. II viii be seen that the railways hs1e joht
PURPOSE Of the y ts means largely to defeat the
tbs the ronin law ana that in order to prevent
rates which are in effect and to prescrbe ape j0nt
the distribton o sFev t carriers shall receive in
pnne fa to agree upon such divisions IT is s
yjdraIs and tna1 oiseriminations against indi-
can ne erected by the refusal of carr;sr frame
taOilsh JOINT rate on given Commodities ef &c es-
TERMINAL ROADS AND PRIvATE c1na
There is an important class of cases in which IN.
owner OF tho property performs a part ~ a. |
transportation service, and where the s,1 -
paying such owner an extravagant sum for ~ |
service rendered thereby prefers him to otber
Shippers OF like property. This may he pen in anvy
case where the shipper Is the owner OF anv of the
facihties OF transportation or performs any part
Of the transfer service. Such preferences NAV tar
the form OF an excessive division to a terminsI
eesi,e ni,esyse one +Sa ipper the payment Of an
the property OF the owner of the car InS vevsys
doubt that all these methods are more 81 Ia ~
resorted to for the purpose or with fbe afSat
sion should be empowered in case OF this PM -
eIeTIline " met Ine allowance to the property
the service rendered, and to fix q limit ghicb stsII
not be exceeded in the payment made tbar stS.l
Such remedy would not be altogether adeaSa3a'
and any remedy is extremely difficult OF annIIcs !
ON ecen 8s o Ppessr 20 RS ess
would be found NJ authority 70 prescribe the form
ways, with the right the part OF the Commission
through expert accountants Inis Recommendations !
1aa been urged upon the attention of Congress In |