The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-02-12

IN THE EXTENSIVE but somewhat
hurried discussion of the Esch-
Townsend bill for the regulation Of rail-
road rates, the general public seems TO
have gained the impression that the
railroads were fighting legislation of
any kind on the subject The reports
of the committee hearings, however.
indicate that the carriers do not oppose
but favor any measure that will pre-
vent rate discrimination. They suffer
quite as much as individual shippers
from the Determinations due to private
car lines and the multifarious means
resorted to by packers and others 10
eVade the laws against cut rates and
rebates The railroads do object. how
ever. to the delegation of authority to
the interstate commission or any sim
Harly constituted body which will en-
able the commission to fix rates and
compel the railroads to institute those
rates Immediately. before any court has
had opportunity to pass upon the rea-
sonableness of the tariff involved. They
contend that the railroads should be
entitled to appeal from the commits
sion's rate, and pending the appeal to
give bond protecting the shippers in
terested so they will be able to secure
the benefit Of the rate reduction if it
is upheld by the courts They say, with
reason. that the railroad company
would have no recourse If il were conn
PEELED to put in q lower rate since there
would be no means of collecting back
the difference in tariffs If the courts de-
cided that the higher tariff was justi-
fed.
In the hearing before the congress
sionaI committee. Mr.. Samuel Spencer,
president of the, Southern railway. pre-
scented that side of the case for a num-
Der Of companies. He called attention
to the fact that the interstate commits
sion had never had the power to fix
rates. though it had proceeded on that
assumption until the courts decided
otherwise. But, he held. the commits
sion had had the power TO correct
abuses and had done, so in large per
centage of the cases brought before IL;
and the concessions had been made by
the railroads voluntarily without the
coercion of legal action. In conclusion.
Mr. Spencer summed up his views i'm
the following statement supplemented
by questions from members of the con
gressioual committee. Mr.. Spencer said:
Now, | am going 10 very briefly make
q few suggestions.
% Form an interstate commerce
court, or so increase the number of
judges of the existing court that a spe-
formed from their number. which shall
have special Jurisdiction over all cases
arising under the interstate commerce
act and its amendments: this court TO
pass. upon ali rates adiudged by the
commission or complaint and hearing
to be unreasonable before the rate shall
take effect, there being 10 appeal from
the decision OF this court to the SUI
pTeme court. except upon questions of
law, and no stay during such appeal.
90 Bring the private car lines, fast
freight lines. and the water lines doing
a through interstate traffic within the
jurisdiction Ct the interstate commerce
act.
- Relieve the carriers of the exist
ing prohibitions against making rea-
for the purpose of maintaining lawful
rates, the agreements and' the rates TO
he subject 10 the previous approval of
the interstate commerce commission.
"a Enforce the existing laws. not
only as a matter OF administration OF
law and justice, but as the most effec-
tive means OF eliminating the number
OF complaints.
want to reiterate that we are not
here asking that there shall be no Iegis-
latiOn. If in the wisdom Of congress
it is thought proper. suggest that it
should take this line: Form an inter
state commerce court, or probably bet
ter still. give special functions TO spe-
oial sittings of the circuit courts of the
United States. Give to the commission
the right TO name the rate or suggest
the rate. subject to appeal to the courts.
That viii leave the question where il is
If the railroads acquiesce, and they
have acquiesced in nearly 80 per cent
of all the cases Now. il they do not
acquiesce and take it to the courts, let
the rate remain in effect, and the rail-
road company give bond until the court
II mean the circuit court alone, this
interstate commerce court. either a spe-
ciaI court or made UP from judges of
the other circuit courts sitting here or
anywhere else-decides that the rates
shall go into effect. Then it goes into
effect. and there is no suspension after
that in appealing TO the supreme court
on questions OF law. Begin at the cir
cult court. stop the appeal at the cir
cult court. except in cases of law going
TO the supreme court. and that appeal
on a law point TO the supreme court
not TO stay the proceedings.
Mr.. Eseh-SuPpose you have q sep
arate court?
Mr.. Spencer-Give it exactly the same
power with the right of an appeal or
questions Of law TO the supreme court
without stay of proceedings
Bring the necessary water lines en-