The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-09-26
Administration OF the Rate Law.


The act to regulate m passed
at the last session of Congress went into
operation August %. The powers con-
ferred on the Interstate Commerce Com
mission by this law are broad. important
and in some respects very drastic. These
powers are not limited specifically to
extortionate or discriminatory rates, but
embrace many difficult questions Of ad-
ministratiOn, such as terminal charges,
switching, schedules, c~lassiications, bills
of lading. &c. Congress, with q view Of
making this a workable statute and Civ
ing to it the fiexibility which is essential
to its successful operation, has conferred
upon the commission in a number OF
instances discretionary power to modify
certain Of it's provisions In the interest Of
the public and Of established traffic.
The business interests of the country
fully understand that the success or
failure of this act must in a large Measure
depend upon the wise enforcement OF its
provisions by the Interstate Commerce
Commission, in the loyal cooperation OF
the roads in carrying out its purpose
and in complying with the rules and reg
ulations that may be prescribed by the
commission.
Inthis enactment Congress has sought
to accomplish two objects, the abolition
Of excessive rates and to prevent dis
ordinations through whatever device,
employed either by the shipper or the car
rier. Everyproyision contained in il was
drafted to enforce one of these objects.
In the Interpretation and application of
any Of it's clauses the real purpose Of Con-
gress in its passage should control those
intrusted with its enforcement.
Approaching the difficulties that con-
fronted the commission and the dangers
which might result to this great interest
By az unwisc enforcement ot-tbe policy
announced by the statute, we have care
fully watched the OF the respon-
sible representatives of the roads since
its enactment, noted the public express
sions Of those who controlled the policy
OF the great systems Of our country,
watched the conferences held by the
counsel Of the carriers and their chief
officials, to learn whether il was the pur-
pose and intention Of those who would
DO affected by the legislation to thwart
the intention Of Congress by raising
technical objections and by refusing
practical advice and assistance to the
commission in the execution Of It's duty.
Up to this time every act Of the carriers
and their representatives has shown a
frank and loyal a~cquiescence in and a
purpose to obey the law and q willing
ness to furnish any assistance within
their power to the Interstate Commerce
Commission in the enforcement Of its
provisions. So far not a discordant note
has been heard from any Of these sources.
This is "a it should be.
The commission, recognizing the COM
plexities and difficulties which confront
it in this new field Of administration, has
shown by its action that in its judgment
it is the part Of wisdom, in prescribing
rules and regulations to control the car
rier, to call into consultation with it the
expert agents Of this vast and compli-
Gated service before making final the rule
Of conduct which shall modify existing
practices. The commission has invited a
discussion Of number Of questions which
in its judgment require its action, doclin-
ing, however, in the secrecy Of its consul
tatiOn room to commit itself irrevocably
to policies and regulations which upon
full hearing its judgment might modify
or condemn. This action on the part Of
the commission in seeking to reach an
intelligent conclusion which would stand
the test of a practical enforcement OF
its orders must meet the approval Of the
country.
A rule or regulation made by the Inter-
state Commerce Commission within the
scope of its statutory authority pre-
scribes a rule Of action for the carrier
having the full force OF law. Like q
committee Of Congress or any other
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