The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-04-24
Law is ENOUGH.
Walker d. Hines Before Senate
Committee on Commerce.
Declares Present Law Emb0dies
All That Is Necessary.
TO REGULATE RATES.
1t Is Only Necessary to Prove
They Are Discriminating.
Carrier Must Obey Order of the
Circuit Court.
TO REGULATE RATES.

Washington, April 24-The senate
committee on interstate commerce to
Iday resumed the hearing of the rail-
road rate question. Walker D. Hines,
formerly of the Louisville & Nashville
Railroad company appeared before
the committee.
Hines said in part: THE Interstate
commerce act as at present amended
prohibits every unreasonable and
unjustly discriminatory rate. The in
terstate commerce commission may
itself originate complaints concerning
any supposed violation of the law.
If it finds any rate to be unreason-
able or unjustly discriminatory the
carrier must be ordered to cease and
desist from continuing to charge that
rate.
If the carrier does not comply with
such order the commission or any per-
becomes the duty of the circuit court
to afford a speedy hearing and to
make and enforce a decree compel
ling obedience to the commissions
order if that order be found to be
lawful.
"On any such hearing the commits
sion's findings are prima facie evil
dence as to every act found so that
the presumption is always in favor of
the commissions orders.
An appeal lies to the supreme court
from the decree of a circuit court in any
such case, but contrary to the general
impression this appeal can not suspend
or postpone the taking effect of the de-
cree of the circuit court. II the circuit
court DEGREES obedience to the commits
sion's order the carrier must at once
obey it Notwithstanding any appeal IN
less the circuit court itself is of opinion
that justice demands that it should
suspend the operation of its decree pend
ing the appeal and so orders, and if it
so orders it can impose such terms as
it seems fit upon the carrier as to Civ
ing bond or otherwise.
Commission Can Sue.
"A distinct and very important pro-
cedure IS provided by the Elkins act
whereby as to any unjustly discrimina-
tory rates the commission in the first
instance and without any formal hear
ing or order may bring suit in the cir
cult court to enjoin a continuance of
the discrimination. This avoids all the
delay incident to a formal hearing be
fore the commission. Although the ap-
plicability of this procedure to unjust
discrimination in tariff rates even be-
tween. different localities was more than
two years ago expressly declared by the
! supreme court to exist under the Elkins
/ act, and although it is evidently a con
/ venient and speedy way of preventing
unjust determinations, it has never been
/ resorted to in a single instance. Thus
/ there is in the present law definite pro-
vision for the correction by the courts
4 of every unreasonable or unjustly dis
criminatOry rate, with special provision
/ for the speedy disposition of all such
cases and with special provision to pre-
vent any delay on account of appeals
! by the carrier. Therefore the widely
prevailing impression that under the
! present law carriers may at their pleas
ure and without control charge unrea-
sonable high and unjustly diseriminat-
/ ing rates is thoroughly erroneous On
| the other hand every rate charged by
! carrier is subject to the direct and eff
fective control Of the courts of the
! United States to prevent such rate from
violating the interstate commerce law
in any respect. It is the courts and not
as frequently claimed, the carriers who
are the judges of what is reasonable
and just under the law
This preventive method Of dealing
with unlawful rates was deliberately
adopted by congress, but has never
been found Insufficient in q single case,
and it is therefore an unwarranted at
| tack upon the. law to assume without
/ any facts to support the argument that
/ this remedy is worthless, especially
| when the nature of the remedy and the
experience under it go to show that it
is substantiated and effective.
why It Fails.
1.-The numerous failures of the COM
mission in litigation have not been due
| to any defect in the law, but have been
sion's adoption of illegal methods or to
the commissions mistaken condemna-
| ton of practices not prohibited by law.
IAN additional remedy of considera-
/ Bile importance which is exercised, from
| time to time and which doubtless could
| be exercised much more freely if its use
/ were encouraged, is that whereby the
commission may award reparation to
any person aggrieved by the carriers
/ charging any unlawful rate
Notwithstanding the interstate COM
nerce act provides a. definite and prac-
/ teal method of correcting all unlawful
| rates there is undoubtedly a somewhat
general impression that the act IS alb
| solutely worthless and it is necessary
| to a complete understanding of the
situation to find the source of this opin-
ion. =
This opinion is undoubtedly due to
repeated public declarations by the
interstate commerce commission and
its members that under the present
law the carriers are utterly beyond
any control as to interstate commerce
This view has been frequently stated
in many different forms by members
and officers of the commission in news
paper interviews, magazine articles
land public addresses. The same idea
has been repeatedly set forth ia the
official annual reports Of the com
mission.
such declarations began in 1897.
and have continued down TO the 0res-
ent time. AS these declarations pro
! coed from the very public officials who
by law are the direct representatives
/ of the government in interstate com
merce matters and whose expressed
duty it is to execute and enforce the
interstate commerce act the very
natural consequence is that large
proportion of the public accepts these
statements as correct and therefore
believes that the law now provides
for unjust and unlawful tariff rates
whereas the law does provide perfect
ly correct methods which have never
Deen inadequate in q single instance -
J Want Place in Kansas.
A concern known as the Mutual
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