The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-01-13
AGREE THAT REBATES ARE WRONG
But the Railroads of the Country Are Against propo
sition of Rate Fixing by the Interstate
Commerce Commission

iAIASHINGTON. jan 12.-SamueI
wv Spencer, president of the South
ern railway and authorized to
voice TIE sentiment of the New York
Central Erie. Chicago. Milwaukee &
St Paul. NoEthern Pacific. Illinois Cen
trail. LackawanRa and other railway
companies, spoke vigorously today be-
fore the house committee on interstate
and foreign commerce against the
Ccoper-Quarles bill or any proposition
10 authorize the interstate commerce
commission to fix railway rates. Mr.
Spencer is the first direct and official
representative of the RAILWAYS 10 he
heard by the committee and his testi-
mony IS regarded as the keynote of the
opposition 10 rate fixing by the govern
ment.
Mr. Spencer stated at the outset that
II is not his purpose to discuss the sub
Ject in its entirety. There were, how
ever, number of important points
which he wished to emphasize.
Agreed Upon Rebates.
There is no difference of opinion.
continued Mr. Spencer. between the
railroads of the country, congress and
the president on the subject that re-
bates are wrong. We agree with the
language Of the president that 1.-The
highways of transportation must be
kept open TO all upon equal terms on
that basis the railway companies are
ready and anxious to cooperate and
aid the interstate commerce commits
sion. But l do not think any additional
legislation is necessary in order to pro-
coed against that particular class of
abuses. If such legislation does appear
to congress to be necessary the rail-
ways of the country win certainly
stand, and 1 have no hesitation in saw
ing So IN cooperation and aim to that
end.
That particular phase of regulation
has already been pronounced by the
commission as fully covered by exist
ing statutes. 1t simply becomes a
question OF enforcement of the law.
But the question before you is not
of that character-it is that of the
power TO name a rate upon the part of
the commission after complaint and
hearing. 1t has been claimed this will
b. means of stopping rebates This
claim 1 have no hesitation in disput-
ing"
OF the remaining. 10 per cent of the
work of the commission scarcely per
Spencer said the railroads acquiesced in
touF-ffths Of the decisions of the COM
mission.
commence IN commission.
He expressed the confidence of the rail-
way world III the commission and SEQ
Il was justly worthy of the respect Of the
country There was only one feature of
The Quaries-Cooper bill which he wished
10 discuss specifically That was the
PORTION comforting power upon the COM
mission 10 substitute a rate for one COM
pialned of as unreasonable after due
notice. the said rate 10 remain in effect
subject 70 change only by the commission
or by the courts on application by the
railways. Mr.. Spencer denied that the
commission ever legally had such power
and said the courts in 1897 had pro-
hibited the exercise of the power by the
commission. 1t is claimed he con-
unued. that this power would be
weapon in the hands of the commission
10 prevent rebates But a rate fixed by
the commission can be rebated or evaded
just easily as any other The use of
that weapon. If given to the commission
would punish not the evader of the rate
but the one which upheld the rate. as
exercise Of the Dower would be TO let
the rate down to the lower figure. thus
working no hardship on the road making
The less rate but Furnishing the road
maintaining the regular rates"
The most important claim in behalf of
The proposition Mr. Spencer believed TO