New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-05-03
MANY COMPLAINTS FILED
Interstate Commerce Commission
Reports to Senate Committee

washington,
rnerce Commission to-day submitted TO the Sen
ate Committee on Interstate Commerce Volur-
inous report Of the complaints received against
commerce carriers. The information furnished
IS brought down TO March !, 1905, and includes
formal complaints since the organization OF the
commission informal complaints since February
/ 1900. and cases which have been taken to the
courts TO enforce orders OF the commission.
The number OF formal complaints filed with
the commission from April g. 1887, the date OF
its organization. to March 1, 1905 is nc; the
number brought to final hearing and determined
fv The commission or otherwise concluded 4oo;
cases settled or discontinued. 200; indefinitely
postponed, "A; cases heard, but not decided Z0'
partially heard, .; not heard, 43.
The commission has rendered So formal de-
r;sio1s. a memorandum decisions, IS decisions
on application for rehearing. and decisions for
relief under the long and short haul provision
of the statute
Since January !. 1900 1926 informal COM
plants have been flied and 2171 disposed of by
the commission. Many Of these cases involve
unjust discrimination. a part of the report
says:
Except in those cases which have been carried
10 the courts, these cases are 10 be regarded as
settled either by dismissal, concession or reIeI
tv the carriers. compliance by the carriers with
the order in whole or in part or because unuer
the recent decisions of the courts construlng
the law, il was deemed useless 10 aI'eNlpI en-
1orcemeut Of the order.
The number of informal complaints between
January :. 1900. and March l. 1905, relating 70
excessive or exorbitant rates settled by the
commission is I39. The number Of cases in
vo-ving excessive or unreasonable rates taken
70 the courts is Is. IN the ruling of the com
mission was sustained. and in y the orders
we're not enforced. because it was held the
commission lacked authority to make them.
The number Of cases involving unjust discri9-
1-ation taken TO the courts is 80. In 5 the
ruling Of the commission was sustained, and
fl q the courts refused TO enforce the orders.
The report continues:
These are typical and representative cases.
They illustrate the different kinds OF injustice
and vvrongdOing of which complaint is maze
and which are found TO exist and show. IN most
Instances, that the regulating act as construed
ty the courts. does not give the commission du
t2ority TO TO apply the needful remedy.
The number Of cases heard and determined
nv the commission and taken 10 the courts TO
enforce the commissions orders is 50, In
eases the ruling Of the commission was sus-
tanned: in % cases the courts declined 10 en-
force the commissions orders; have been
discontinued and now are pending IN Circuit
courts In % cases the courts held, directly or
by implication, that the statute did not give the
commission authority TO make the orders sought
10 be enforced; in other words that the things
done which constituted the grievance could not
be prevented under the present law. In this
connection the commission report says:
y 4 considerable number Of the cases here re-
Fefred 10 grew out OF the efforts OF the coTnInlS-
sion 10 give some practical meaning ana erect
70 the long and short haul provision OF the act
and so put q check upon the class or dlScIlIn-
irarjon 10 which the fourth section was sup
r1sad To have actual and potential application.
All these efforts failed, as is well known, win
The result that the long and short haul section
for all practice! purposes mas peel eLliIllI4eil -1
from the statute IN several other cases the
~,.-ars of the commission were not enforced,
i,aaarIse II was held that they amounted to the
fixing Of rate for future observance ana that
scch authority is not conferred by the act
The total number of formal complaints In
volving excessive or exorbtant rates settled
without formal hearing. is 1SS; number OF such
cases decided by the commission on formal
hearing, 327.
The number Of formal complaints alleging IN
Just discrimination settled by the commission
without formal hearing. is 175. The number Of
such complaints decided by the commission IS
3;a The number of informal complaints since
January !. 1900. relating to unjust discrimina-
lion settled by the commission is l45
The total number Of formal complaints for
violation of published rates or failure to publish
tariffs since the act OF February 10. 1903, Is
-. Ten Of these cases have been decided and
one disposed Of without hearing. Several cases
recently have been reported at the Department.
Of Justice for prosecution in such form as may
be deemed appropriate
Lists of the formal proceedings under the sew
eral headings are fled with the report and con-
stitute a part of It. The whole aggregates sew
eral hundred pages of tyIewritten matter.