The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-07-16
s1oKNEY REKIEWs ~.
Interesting ana Lucid Dissertation on
Interstate Commerce. Act.

President A. 3. Stiekneys of the Chi
cago Great Western. has edited an alb
stract Of the fundamental provisions
OF the interstate commeFce. act and it. IS
an interesting contribution on the suD7
lect. The article is lucidly written, De
ing an Interpretation which is helpful to
those who seek to learn how the. law
stands at present
1T IS evident that the time has come
when both carriers and shippers must
obey the Interstate commerce law IS
the opening comment. The abstract IS
divided into five parts. Requirements IN
regard to making and publishing scne-
Guile of rates, requirements in regard 70
changes in schedules; the schedules OF
rates must be observed. penalties Tor
o1sregarding the schedule of rates; eN-
traordinary provisions for detecting I'M
lawful practices. AS stated by the edl-
tor. the abstract does not embrace the
provisions which empower the comrnls-
sion under certain specified conditions
to determine the reasonableness OF
rates. because the prime purpose OF the
law is not the making Of rates by the
commission but to prevent one shlpper
deriving an advantage over another
shipper.
President Stickney has this TO say,
among other things:
st win be conceded by every railway
Official that the schedule which have
been made and which are now In force
disregard the plain provision OF the law,
tuasmuch as even the original schedules
are so constructed that no layman can
by inspection determine for himself the
legal rates"
He says that since the obscure origf-
nal schedules were filed in 1897, various
schedules, supplements and rules have
been filed, and 1.-THE meaning has been
made obscure by ingeniously construct
cd ambiguous language, designed 10
give the issuing company some temper
, airy advantage over its competitors"
Mr.. stickney is of the opinion that the
reprinting Of the whole schedule, the
Ming with the interstate commission
and the posting in each depot, etc,
IS provided by the law. will make 1t inn
possible to change rates in short time,
or with slight expense or with little Ia
Dor. and thence a compliance with the
law viii necessarily make schedules
reasonably stable" He says further;
For these reasons q compliance with
the law would be great advantage 70
DOtn carriers and the public II WOULD
be a boon TO the carrier by preventing
constant reductions followed by ad-
vances. and make schedules making the
work of thoughtful, considerate Judg-
nent Of responsible traffic officials. IN
stead Of the work of the present hap
hazard method frequently exercised by
subOrdinates and induced more fire.
quently by bad temper than by deliber-
ate Judgment
Mr. Stiekney devotes about three
pages to the provisions of the law re-
garding rebates He says on this point.
In the past. both freight officials and
Shippers nave TeSOrted to various de-
vices to avoid the penalties of the law,
while still making allowances in rates
which in effect were rebat ties. Some of
these devices have been ingenious and
others have been simply boyish by
changing the name Of the allowance
made from rebate to Commission
transfer charges etc, as though
changing a name changed the essence
of the transaction. The law regards the
essence and not the name"
The last part Of the pamphlet gives
in parallel columns the provisions of the
old and the new law. This arrange.
ment affords quick understanding Of
the amendments.