Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1905-12-05

private hands. But nelther DO ] De-
lieve In the government flinching from
overseeing any work when II becomes
evident that abuses are sure to obtain
therein unless there Is governmental
supervision. II Is not my province to
indicate the exact terms Of the law
which should be enacted; but call
the attention Of the congress to GER
tain existing conditions with which II
is desirable to deal. In my judgment
the most important provision which
such law should contain is that con.
fering upon some competent admin.
istrative body the power to decide.
upon the case being brought before II.
whether given rate prescribed by
railroad Is reasonable and Just. and II
It is found to be unreasonable and un-
just, then, after full investigation of
the complaint, to prescribe the limit
of rate beyond which 1t shall not be
lawful to go--the maximum reason
able rate, as 1t Is commonly called
this decision to 90 into effect within
q reasonable time and to obtain from
thence onward, subject to review by
the courts. It sometimes happens at
present. not that a rate Is too high
but that favored shipper is given
too low . rate. In such case the com.
missi0n would have the right to fix
this already established minimum
rate as the maximum; and II would
need only one or two such decisions
By the commission to cure railroad
conrpamses OF the practice u giving
improper minimum rates. ! call your
attention to the fact that my proposal
is not to give the commission power
to initiate or originate rates generally,
but to regulate a rate already fixed or
originated by the roads, upon COM
plant and after investigation A heavy
penalty should be exacted from any
corporation which fails to respect
an order Of the commission. regard
this power to establish maximum
rate as being essential to any scheme
of real reform in the matter Of railway
regulation. The first necessity Is to
secure It; and unless 1t Ia granted to
the commission there is little use In
touching the subject at all.
Illegal transactions often occur un-
der the forms OF law. It has often 0c-
cured that shipper has been told by
q traffic officer to buy large quantity
Of some commodity and then after It
has been bought an open reduction is
made In the rate. to take effect imme-
diately,, the arrangement resulting to
the profit Of the one shipper and the
one railroad and to the damage Of all
their competitors; for It must not be
forgotten that the big shippers are at
least as much to blame as any railroad
In the matter of rebates. The law
should make It clear 80 that anybody
can fail to understand that any kind
of commission paid on freight ship
ments, whether in this form or In the
form OF fictitious damages, or Of q
concession, free pass. reduced pas
senger rate, or payment Of brokerage,
Ia illegal. II is worth while consider
ing whether II would not be wise to
confer on the government the right Of
civil action against the beneficiary Of
a rebate for at least twice the value
Of the rebate; this would help stop
what is really blackmail. Elevator al.
lowances should be stopped, for they
have now grown to such an extent
that they are demoraliizng and are
used as rebates.
The best possible regulation Of
rates would of course, be that regua.
tion secured by an honest agreement
among the railroads themselves to
carry out the law. Such general
agreement would. for instance, at once
put stop to the efforts Of any one
big shipper or big railroad to dscrim-
mate against or secure advantages
over some rival, and such agreement
would make the railroads themselves
agents for enforcing the law. The
power vested In the government to
put stop to agreements to the det-
rment OF the public should In my
Judgment. be accompanied by power
10 permit. under specified conditions
and careful supervision, agreements
clearly In the interest af the public.
But, In my judgment. the necessity
for giving this further power is by
no means as great as the necessity
Tor giving the comission or admins
trative body other powers have en-
above; and It may well be
Inadvisable TO attempt to vest this
particular power In the commission or
other administrative body until 1t al.
(Contined on page 81