The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-12-05
CAR FAMINE CASE
OPENS HERE DEG. II
Continued From First Page.

VIC commission, IN its Judgment, has
any authority under the present law to
compel an interstate carrier to furnish
an adequate equipment to conduct the
traffic along it's line, and, if the COM
mission has no such power, whether
congress, under the commerce clause Of
Inc constitution, is empowered to dele
gaze such power to the commission. -
senator Hansbrough also addressed
letter to the interstate commission as
a whole strongly urging that steps be
taken to have an inquiry in the north
west to clear up the situation, saying
that he did not know anything more
important to the welfare and prosperity
OF the northwest at this time than ade-
quate traffic facilities.
Knapp Secs Limitations.
That part Of Senator Hansbrough' g
letters to Judge Knapp, which is quoted
above, presents the case in nutshell,
and In his reply to this letter Judge
Knapp states the case so clearly from
the viewpoint of the commission, point
that body, and indicating in a quite
positive way that there is perhaps no
adequate remedy which the commission
can offer for the existing evils, that
quote him in full. He says, speaking
for the entire commission, under date
Dec. 4, and addressing Senator Hans
brough:
to myself. and your letter addressed to
ability of shippers to secure cars for
the, movement Of their traffic is re-
ported from various parts Of the coun-
try, and amounts in some sections. as
you observe, to almost calamity This
matter has given the commission spe-
clal concern, altho we appear to be
without adequate authority to deal
with such a situation. We can exercise
no direct power to compel interstate
carriers to furnish adequate equipment,
nor are we prepared at this time to
recommend specific legislation upon this
subject.
Can Hit Discrimination.
eff given carrier unjustly dis
eliminates between shippers in distri-
putin outing Git its car, car supply, we could uns
relief, after investigating a complaint
and giving the carrier hearing. We
could also perhaps award reparation
TOR damages resulting from failure to
supply sufficient cars, but our power to
40 so is not altogether certain. More
over, any, award by us in proceeding
brought for that purpose would estab-
llsh only prima facie case against the
carrier in suit brought in the federal
courts to enforce the order. Inasmuch
as such a proceeding goes upon the
theory Of awarding damages, it would
seem to be rather more suitable and eff
ficlent for aggrieved shippers to bring
their suits in the courts in the first in
stance. -,.
eve have, however, ordered an in.
vestigation Of this matter of car short
age, and will prosecute it with utmost
dispatch. Already. agents have been
sent to the northwest, and it is expect
ed that hearings will take place in that
region within the next two weeks.
| 'Thls appears to be the most effect
i've course the commission can take,
and you may be assured that every
thing will be done within the scope of
our. authority to bring about the earli-
est possible relief
Public Opinion Factor.
The question may be asked, why, if
the commission probably has no power
to relieve the present situation, has it
ordered an inquiry?i ,l'"'!
The answer is easy; the most power
full instrument in this country is pub
lie opinion. It can do more than any
law or any court. It is the plan Of
the commission to get at the underly-
ing causes for the shortage in it's Min
neapolis inquiry, and then it will trust
in part to the publicity which be given
lief.
Meanwhile, there is just a possibili-
ty that the commission has more au-
thority than Judge Knapp is now will
ing to claim for it. The new rate law
has not yet been adjudicated, and
IA
modest in saying that it can do this or
that particular thing.
me commission is willing to do the
best it can, and this it will do in the
northwest. Should the testimony JUS
t1fy such course there is no doubt
but an effort will be made to apnlv the
new law to the guilty parties. Then
will come the testing Of that portion of
law by the courts.
incidentally to this, as has already
been stated, it Is figured that publicity
Will br1ng some measure Of relief.
Experts in Field.
The commission has half a dozen ex-
perts already in the spring-wheat belt
IN the northwest for the purpose of
picking up all possible facts and hay
begins its work by Thursday Of this
week. Perhaps dozen of these ex-
perts will be in the field.
John Fl. Marble, secretary for the
commission, is to go to Minneapolis in
few days to superintend the work
Of these experts. Mr.. Marble Is well
known in the northwest thru the work
he did in Minneapolis. when the com
mission was investigating the eleva-
tors.
Shippers Asked to Help.
I am again asked to say to the
people of the northwest that the com
mission desires this active co-opera-
tion in securing evidence bearing on
shortage conditions. Men who know
things which will help the inquiry
along are requested to tell them to
the special agents who are now be-
ginning to cover the northwest field.
The more thoroly this work is done
the more quickly and satisfactorily will
the work Of the commission itself be
done later on, and decision reached.
1t is very apparent that if people
In the Dakotas and Minnesota who are
affected by the car shortage will take
on half the enthusiasm and determine
ton that now characterizes the com
mission, the case will be brought to
a finish before the end of many DAYS.
LAKE SEASON EXTENDED