Durango semi-weekly herald., 1905-12-07

charged ny tne railroads OF the cOur
try engaged in interstate traffic a
shall summarily and effectively pre-
vent the imposition of unjust or IN
reasonable rates. 1t must include put
ting a complete stop to rebates III ev
cry shape and form. This power t
( regulate rates, like all similar power
over the business world, should be eN
ercised with moderation. caution ant
self--estraiut; but II should exist, Sc
| thnt 1t can be effectively exercised
when the need arises.
The first consideration to be KEEP,
in mind is that the power should be
affirmative and should be given tC
some administrative body created b,
the Congress. If given to the presen,
Interstate commerce commission or tc
reorganized interstate commerce
commission. such commission should
be made unequivocally administrative
| do not believe in the government In
terfering with private business more
than is necessary. / do not believe
in the gov yernment undertal king any
work which can with propriety be left
in private hands. But neither do | be.
lieye in the government nincning from
overseeing any work when It becomes
evident that abuses are sure to oh
tain therein unless there is govern.
mental supervision. II is not n.
province to indicate the exact terms
oi the law which should be enacted.
but | call the attention of the Con.
sress to certain existing conditions
with which IL is desirable to deal. in
my judgment the most important pro
vision which such law should contain
is that conferring upon some coinpe.
tent administrative body the power
to decide. upon the case being brought
before it. whether a given rate pre-
scribed by railroad is reasonable and
just, and If 1t is found to be unreas-
enable and unjust, then, after full in
vestlgation of the complaint, to pre-
scribe the limit of rate beyond which
II shall not be lawful to go-thc mn.-
imum reasonable rate. as IL H. ru..-
monty celled-this decision to go mo
effect within reasonable time auI
TO obtain from thence onward. sVli-tt
to review by the courts. 1t some
times happens at present, not that a
rate is too high, but that a favored
shipper is given too low rate. In
such case the commission would have
the right to fix this already establish
ed minimum rate as the maximum;
and 1t would need only one or two
such decisions by the commission 10
cure railroad companies OF the prac-
tice of giving improper minimum
fact. that my Rroposal is not to give
the commission power TO initiate or
originate rates generally, but to reg
ulate a rate already fixed or originated
by the roads, upon complaint and after
investigation. A heavy penalty should
be exacted from any corporation which
fails to respect an order of the com
mission. | regard this power to estab-
lish a maximum rate as being essen
tial to any scheme of real reform in
the matter OF railway regulation. The
first necessity is to secure 1t. and
sion there is little use in touching the
subject at all.
Illegal transactions often occur un.
der the forms OF law. II has often
occurred that shipper has been told
By traffic officer to buy large guam
tity of some commodity and then after
1t has been bought an open reduction
is made in the rate to take effect
the arrangement result
ing to the profit of the one shipper
and the one railroad and to the dam
age OF all their competitors; for it
must mot. be forgotten that the big
shippers are at least as much to blame
as any railroad in the matter OF re
bates. The law should make it clear
SO that nobody can fail to understa nd
that any kind of commission paid on
freight shipments, whether in this
form or in the form OF fictitious dam
ages. or oil a concession, a free pass,
reduced passenger rate, or payment
of brokerage, is Illegal. 1t is worth
while considering whether 1t would
not be wise TO confer on the govern
ment 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 be
stopped, for they have now grown q
such an extent that they are demoral'
izing and are used as rebates.
The best possible regulation oi
rates would, OF course, be that regula
tion secured by an honest agreement
among the railroads themselves Il
carry out the law Such genera
agreement would. for instance, at one,
put stop to the efforts of any on,
big shipper or big railroad to discrim
mate against or secure advantage
over some rival; and such agreemen
would make the railroads themselves
agents for enforcing the law. Th,
power vested in the government t,
put stop to agreements TO the detri
ment of the public should, in my jude
ment. be accompanied by power |;
permit, under specified conditions an
careful supervision. agreements cleai
ly in the interest of the public. Bu'
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