Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-03-18
Relation of Rates.

The fact that shippers other than the
complainant in a particular case would be
affected by an order of the commission
has not yet been brought out prominently
In the debate but is liable to be a final
point for discussion
One senator. speaking of this phase
said: aside from the fact that the
Hepburn bill would undoubtedly enable the
commission to exercise a great deal of
power over differentials, there is scarcely a
rate that could be changed without affect
ing the relation of rates so as to iniure
shippers in some localities. There are good
lawyers In Congress who contend that
whether or not the Hepburn bill would
give to the interstate commerce commits
sion power to fix differentials affecting
points on different railroad systems, there
can be no doubt that it would give that
power over differentials affecting points on
the same system to which freight is
shipped on through bills of lading They
hold. for instance. that there would be no
doubt as to the power OF the commission
under the Hepburn bill to determine the
relation that the rate on wheat from st,
Louis to eastern points, over given rail-
way system, should bear to the rate from
Chicago to the same points over the same
system. In such a case 1t is possible that
the adjustment might not be such as would
work serious injury to the railroad COM
pany. What might be lost on SHIPMENTS
from one point might be made up on ship
ments from the others. If, however, the
order OF the commission should increase
the advantages OF ST. Louis as a grain
shipping point over those of Chicago its en-
forcement would injure every shipper Of
wheat in the latter city and every farmer
In the vast wheat-growing territory that is
tributary to the Chicago market In such
a case the carrier might have no interest
whatever In having the order suspended
pending judicial review, but the shippers
OF Chicago and the farmers OF the north
west would be very vitally interested In
having 1t suspended until every question
as to whether 1t was such an order as the
commission could lawfully make had been
passed upon by the courts.
Even In cases in which the commission
might not undertake to control differentiaIs
directly its orders would affect the rela-
ton of rates so as to work injury to some
shippers An order reducing rate on any
commodity from any one locality to a COM
petitive market would be injurious to all
shippers engaged in sending the same com
modify from other localities to the same
market. 1t is pointed out that If the order
in such case should be one that the courts
would finally hold to be unlawful, while the
shippers who had been the complainants
would have the benefit of lower rates than
they We're really entitled to pending the
review, not only the carrier affected by the
order but all shippers in the same line of
business In other localities, would be ir-
reparably damaged These shippers would
be subjected to the payment OF discrini-
natory rates all of the time that the case
was pending In the courts, and there would
be no way in which they could recover
damages from any one 1t is only by con-
ceding to the courts the utmost liberty of
suspension with a requirement for i'm
pounding the amount In controversy that
substantial Justice be done to all par
ties interested, including shippers whose
interests are not or might not be identical
with those OF the compliments"