Omaha daily bee., 1907-11-18
Interstate Commerce Commission
Should Be Perfected.
NJUNCTIoNs NOW NECESSARY
Shippers Take Expensive Action
Pending Hearing by Commission.
INSPECTORS FOUND NECESSARY
More Members Needed If the Commits
sion IL to Handle Business
Promptly which Comes
Before IL,

One year has been sufficient time TO ex-
pertinent as to the number OF commission
ers needed 10 hear and decide cases under
the new interstate commerce law with It's
rate regulation provision. and It has been
made plain that II shippers are to secure
speedy hearings, the commission must be
enlarged.
This is the opinion OF John L. Webster,
attorney for the wholesalers and iobbers
Of Kansas City, ST. Joseph and Omaha in
one Of the most important cases ever
brought before the commission. and which
will be heard at Kansas City. November 2L
The commission must be enlarged to
give the shippers a square deal" said Mr.
Webster, Usually when complaint Is made
TO the Interstate Commerce commission
about railroad rate, It is a rate which
requires immediate adjustment But when
the railroads are using a rate OF which the
shipper complains, the carrier continues to
collect the rate until a hearing and ruling
can be secured by the shipper from the
commission. II the rate is declared un-
reasonable the shipper has no way Of se-
curing a refund Of the excess charges paid
after the complaint was made. The shipper
is always at a disadvantage, and a speedy
hearing is necessary. AS It is now. It re-
quiIes about one year to get a case before
the commission"
Not to Have Present Powers.
Mr.. Webster said he would not suggest
that more commissioners be added to the
seven already appointed, who would have
the same power as the present members,
but lower commissioners might be ap-
pointed and sub-divided into courts, which
would have regular places for the filing
and hearing OF complaints. Under the
present system the shipper must go to
Washington send his attorney or mail a
complaint, and 1t may be anywhere from
one month to one year before he hears
from the complaint II 1t is mailed.
This is another argument for the lower
courts OF the Interstate Commerce COM
mission" said Mr.. Webster. "The other
day I received a notice that a case in
which I appear was to be heard In Kansas
city November II, another in Omaha,
November %, and third in Chicago No
vember g. This is q bad arrangement,
which had to be adjusted by correspond
ence with Washington, whereas a court
nearer the scene Of action would not have
assigned me to be in three places, practi-
cally at the same time"
Mr.. Webster believes the examiner" sys-
tenn now used by the Interstate Commence
commission is somewhat OF a failure as
the taking Of evidence by an examiner Is
far from satisfactory ana amounts to about
the same as taking a deposition in a COM
mon law case
From the number Of complaints being
filed, 1t will be practically impossible for
more than one member OF the commission
to sit at a hearing" said the attorney.
'Fhls gets away from the intention OF the
| commission of seven and develops into a
one-man power arbitrary which is not
satisfactory. At least two commissioners
| should hear an important case, and we
asked for three at Kansas City and could
| only secure two. II is fair and Just that
more than one man should hear a case,
and II an appeal is necessary from one OF
the subdivisions of the commission, the
| case may be carried before the seven COM
missioners at Washington"
Under the present systeh OF the Inter-
stae Commerce commission can see more
and more applications for injunrtons such
as were asked by the northwest lumber
men, pending the taking up OF cases by
the commission" said II. @. Kranz OF the
| BowmanKranz Lumber company, in
speaking of the proposed Interstate COM
merce boards" to hasten the work OF the
Interstate Commerce commission proper
Il believe the plan outlined by The Bee
hits the nail on the head so 10 speak. I
have watched closely the workings OF the
commission the last year and have been
| I'm close touch with some important COM
| plants. As an instance. I would mention
| the western lumber rate complaints The
railroads proposed to advance the rate on
lumber from Pacific coast points 70 Omaha
a. nd 1n
per hundred pounds The rate Is already
fhigh, but It would be two years before the
commission could go over the case and give
| any relief to the lumber shippers. The
| lumbermen saw decentralization Of their
| business coming under the new tariffs and
| had recourse TO an injunction. II was for
tunatcly granted. and viii prevent higher
rates being put into effect until the COM
| mission can set time 10 axe up tho case
| but II gives no relief from the excessive
| rates already IN effect and which arc ~.
moralizng the Pacific coast lumber trade
| lnJunctions are expensive. | am firmly
convinced that there should be a tribunal
| Of some kind which viii be nearer tho ship
per and I'm closer touch with the conditions
in certain parts Of the country. over which
such a tribunal will have jurisdiction in
| the matter Of railroad rates. The Inter
state Commerce commission is too far on"
! EX-Congressman John L. Kennedy eN-
I pressed the opinion that the country should
\ be divided into districts, and boards or
! commissions placed In charge OF the divi-
| sions, which could give shippers a speedy
hearing at home and prevent the conEes-
| tion which is sure TO follow tho conunu-
| ance OF the present system where seven
/ commissioners must hear the complaints
! from all parts OF the country.
THE Interstate Commerce commission Is
/ now In Just the same position as the su-
| preme court was when al Washington
/ before the courts OF appeal were estab-
| lished,' said Mr Kennedy. Al present the
| commission has inspectors who take testl-
mony and hold hearings IN various parts Of
| the country, but il would be much more
satisfactory II board OF three could hear
I the testimony OF shippers and railroads
! and take some action with regard 20 the
cases brought before them. Probably thirty
| subcOmmissiOnerH would suftice for the en-