The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-04-25
NO NEED OF RATE FIXING LAW.
MR.. HINES SHOWS THAT ENIST-
ING Law rs SUFFICIENT.


formerly first vice president and trafho
manager Of the Louisville and Nashville
Railroad Company, and now counsel for
the Atlantic Seaboard Line, appeared before
the Senate Committee on Interstate Com
meroe this morning to give testimony in
the railroad rate hearings.
Mr.. Hines said II was essential to clear
understanding TO know exactly the eK-
istinR extent and effect OF the provisions
OF the Interstate Commerce act as at pres
ent amended. That act, he said, has a
twofold object. First, TO secure the pub
LEGATION and invariable observance Of all
tariffs; and second, 10 prevent the estab-
lishment or continuance Of any tariff rates
which are unreasonable OF unjustly dis
criminatory.
THE law prohibits every unreasonable
and every unjustly discriminating rate
said Mr.. Hines. 1T provides that the
Interstate Commerce Commission shall
hear and determine the complaints Of any
body and everybody, whether directly
interested or not. The commission may
Itself originate complaints concerning any
supposed violation of the law. II the COM
mission finds any rate to be unreasonable
OF unjustly discriminatory, the carrier
lluhS % OIhtIou W tSuoo uAN NN"t'N $780,
continuing TO charge that rate.
IF tte carrier does not comply witt
such order, the commission OF any penson
interested may bring suit, and It becomes
the duty Of the Circuit Court 10 afford a
speedy hearing and to make and enforce
a decree compelling obedience to the COM
missions order II that order u found to be
lawful On any such hearing the COM
missions findings are prima facie evidence
a. 10 every act found, 80 that the presump-
ton IL always in favor Of the commissions
order.
AN appeal lies to the Supreme Court from
the decree OF Circuit Court in any such
case, but contrary to the general impression
this appeal cannot suspend OF postpone
the taking effect OF the decree OF the Cir
cult Court. II the Circuit Court DEGREES
obedience to the commissions order, the
carrier must at once obey It, notwithstand-
ing any appeal, unless the Circuit Court
itself is Of the opinion that lstice demands
that il should suspend the operation OF its
decrae. pending the appeal and 80 ordersi
and il Il so orders It can impose such terms
a. it sees At upon the carrier as TO giving
bond or otherwise.
a distinct and very important procedure
is provided by the Elldns act. Whereby
a. to any unjustly discriminatory rates
the commission may in the first instance,
and without any formal hearing or order,
bring suit in the Circuit Court to enjoln
a continuance Of the discrimination. This
avoids all the delay incident to a formal
hearing before the commission. Although
thu applicability Of this procedure to un-
Just discrimination in tariff rates, even
between different localities, was more
than two years ago expressly declared by
the Supreme Court to exist under the Elldns
act, and although II is evidently oonven-
lent and speedy way Of preventing unjust
Determinations, Il has never been resorted
20 In a single instance.
The Eldns act likewise makes full pro-
vision for advancing a case brought by
the Interstate Commerce Commission and
securing the earliest possible hearing In
the Circuit Court before three Judges
Although the act has been In force oonsid-
erably over two years these provisions
for avoiding delay in the Circuit Court
on any case brought before It 20 enforce
It's order or TO prevent unjust discrimina-
tions In tariff rates have never been awaited
Of.
thus there is in the present law definite
provision for correction by the courts Of
every unre asonable or unjustly disorimina-
tory rate, with special provision for the
speedy disposition Of all such cases and
with special provision 10 prevent any delay
on account Of appeals by the carrier. There
fore the widely prevailing impression that
under the present law carriers may at their
pleasure and without control charge IN
reasonably high and unjustly discriminating
rates Is thoroughly erroneous. On the
nfhTE hand mi IA he ~
is subject to the direct and effective control
Of the courts Of the United States to prevent
such rate from violating the Interstate
Commerce law in any respect. II Is the
courts and not, as frequently claimed, the
carriers, who are the judges Of what is
reasonable and just under the law
Speaking further Of the powers Of the
commission under present statutes, and
referring 10 some failures Of the commits
sion, Mr.. Hines said:
The numerous failures Of the o1mmis-
sion In litigation have not been due TO any
defect in the law, but have been due in
variaby either TO the commissions adop-
ton OF Illegal m ethods or 70 the oom-
missions mistak en- condemnation OF prao-
tises not prohibit cd by law.
'Since Jan. /. 1900, sinoe which date
there has been the principal clamor as 10
transportation rates, the commission has
made only eleven orders coniemning
rates as unreasonable. The carriers have
substantially compiled with nine Of these
orders without any litigation whatever
Mr.. Hines then attempted 10 correct
what he called some popular misappre-
tensions
Notwithstanding the Interstate Com
merce act pro vides a definite and practical
method Of correcting all Hnla wful rates,
he said, there "a undoubtedly q some what
general impression that the act i abso-
tltely worthless. and It Is necessary to a
complete understanding Of the subject
to state the source Of this opinion
'This opinion IL undoubtedly due TO
repeated public declarations by the Inter
state CONNIE roe CommissiC n and its MEM
bcrs that under the present law the carriers
are utterly beyond any control as TO inter-
state commero This view has been
frequently sta ted In many dihe rent forms
Ivy members and Officers OF the commission,
in newspaper interviews, ma ga zine articles
and public addresses. The same idea has
been repeatedly set forth in the Official
annual reports OF the CO commission.
"Such declarations began in 1897 and have
continued down to the present time As
these declarations proceed from the very
public officials who by law are the direct
Representatives Of the Government in
interstate matters, and whose express
duty II Is to execute and enforce the Inter-
state Commerce act. the very natural con-
sequence IL that large proportion OF the
public accepts these statements as correct,