The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1906-1907, 1907-10-08
INTERSTATE COMMERCE Law
Az Defined Gives Railways Much
Latitude in Rates.

sant interstate commerce law, as de-
aned by the commission, gives the
transportation companies very
much their own way in practically
all matters affecting the revenue OF
the railroads. They can establish
and cancel rates at will and they
have recourse to the courts for re-
Versal of the orders of the comlnlD-
sion. while the people are denied
the courts In findings OF the com
mission. The commissions orders
are limited to period OF Two
wears. The commission uoes not
make inquiry into the reasonable
ness of rates without complaint
having been previously fled Ihe
RAILWAYS can offset the effect OF re-
duction In rates by order OF the
commission by voluntarily adVanc-
ing them on other classes OF
freight not affected by the order
Frank II. McCune, expert for
the Chamber of Commerce In the
sDokane freight rate case against
the Hin and Hartman railroads
before the Interstate commerce
commission, said this in discussing
the decision handed down recently
by the commission in me suit OF
the A. J. Poor Cram company OF
ohama vs.. the Chicago, Burlington
q Quincy Railway company, which
arose from an erroneous rate quo
tation made on wheat from
point In Nebraska to california.
Mr.. McCune added;
"A loss was incurred by the ship
per. who appealed to the commits
ion for reparation. A little more
than 25 per cent of the claim was
allowed, not on the liability Of the
railway for the error of It's employ
ees, but upon an assumption Of
the unreasonableness OF the rate
charged.
This decision throws some light
upon the act to regulate Interstate
comerce as interpretated by the
commission. 1t was supposed
during the agitation and passage
OF the Hepburn amendment to the
Interstate Commerce Act that 1t
would be panacea for the peo-
pies railway ills but the rulings
Of the commission, from time to
time. In interpreting the law are
gradually dispelllng this belief
Commissioner Harlan wrote the
report OF the, commission in the
Poor case, affirming that the rail-
ways are still sovereign as tariff
makers. The publication of orig
inal rates are the voluntary act of
the railways. The law does net re-
strict these voluntary acts of tne
railways but adopts them ana
thereafter protects tne railways In
their operation, until a formal COM
plant Is flet by some shipper when
the rates are to be adjudCe1 as
reasonable or unreasonable.
III the voluntary acts OF the rail-
ways prove irksome to them. they
can voluntarily cancel their tariffs
even against the protest of the
shipper who has to file formal COM
plalnt with the commission for a
hearing on the issue. The estab-
lishment and cancellation of tariffs
by the railways Is an inexpensive
and simple process. while the litl-
cation imposed ON the people is
expensive and tedious, attended
with much uncertainty as to its
outcome.
Commissioner Harlan goes a step
further In his definition OF the law
AZ being beyond the control of 'ju-
dicial authority as having original
Jurisdiction over interstate rates
when voluntarily established by
the carriers. This definition adds
further sovereignty to the rate
making powers OF the carriers ana
narows the limits of the people for
relief.
An illustration of the operation
of the law Is had in the advance
of rates on forest products from
Washington points eastbound,
The railroads simply determined
upon an advance In rates. prepared
their tarlifs and filed tnem with
the commission. At the expira-
ton of so days the law recognizes
such tariffs as establishing the le-
gal rate to be collected ON these
shipments. No injunction proceed
ings are possible to prevent these
rates from becoming effective. the
commission admitting II cannot pre-
vent them from becoming operat-
i've.
The erumb offered the people is
that upon formal complaint being
nled. after full hearing. the com