The Washington times., 1907-11-04
CLASH OF POWER
CAUSES MIX-UP IN
TRANSPORTATION
Interstate Commission
Worried Over lmpor-
tant Matters Pending.
lniunctions of the Fed
eral Courts Tie Off
Gals Hands.

The Interstate Commerce Commission
is beginning tc wonder whether the
Federal courts are going TO leave any
thing worth wnilo OF the powers sup
posed to have been granted TO Il by the
Hepburn law
Although there has been no final adjU-
dicauon OF any of the mOoted questions
concerning the new law, the enterpris-
ing Federal judges have been so hedging
its most useful provisions with injunc-
tions that the commission Is awakening
suddenly TO the fact that il can nardly
turn around without treadlng on the
toes Of q United States court
Already this process mas been carried
so far that an inextricGble tangie Of
conflicting rulings is tieing the hands of
the commission in important pending
matters, and the situation is constantly
getting worse
Members Of the commission are natu-
rally indisposed 10 be quoted in making
criticisms Of the attitude of courts.
I have no desire to be regarded as a
critic Of the courts" said a commits
sioner, 'but 1t is beginning 10 be i'm
pressed on me that unless the courts are
by some legislative process prevented
from interfering with the work which
the law assumes the commission 70
do. we viii be Of little use Evidently
nothing less than legislation can inl-
prove the situation now"
Injunctions Embarrassing.
There have been some conferences
among members Of the commission,
though thus far these have been only
informal. Commissioners to whom diff
ferent duties have been assigned in the
distribution Of work have found the
same situation Affecting their different
relations 10 commission business Some
OF the cases in which Federal injune
tions have been fnterposed are proving
highly embarrassing IL tho efforts 10
handle the most practical questions.
An excellent illustration of this situa-
tion concerns the question of car distri-
button. 1t is the policy of coal roads
10 distribute cars among mines IN pro-
portion TO the producing capacity. In
an Ohio case in which the method of dis
tribUuOn and the rating OF mines was
questioned, the commission laid down a
rule. That rule has now been made
utterly non-enforceable BY court injunc-
tOns.
The commission in the Ohio case held
that foreign cars consigned 70 particular
mines and privately owned or leased
ears must be included in the distribution
scheme, but not the cOmpany's own fuel
cars The contention has been strongly
made that the consigned and private
cars ought not be included; the COM
mission held otherwise.
Issued Injunction.
A Pennsylvania case came before a
Federal judge some time ago and he
issued an injunction which amounts to
enforcing a modification Of this rule Of
the commission Then came a Maryland
Federal court with an injunction which
places still another rule in force in his
jurisdiction. Thus the crossing of a
State line changes the rule But this is
not all.
The Illinois Central changed its car
distribution rule in order TO comply with
the commissions decision in the Ohio
case, and dissatisfied shipper went be-
fore Judge kOhlsaar and got this rule
enjCined. The whole situation is thus
tangled with lnJuncuOnS until the
power to enforce anything is taken out
of the commission s hands and il can
apparently do nothing worth while until
the Supreme Court gets some one OF
these cases and finally decides the rule.
Yet, it is pointed out at the commission
offices, this is mere question of admin
istratiVe regulation from which there
ought not to be an appeal The commits
sion ought TO have power TO settle such
a question, and to enforce its rule uni
fOrInly.
Distribution of Importance.
These car distribution cases are Of the
utmost Importance az a time like the
present, when car supplies are insult
fcient ard there Is menace Of serious
transportation shortage. But this case
is only one.
Some time ago the railroads in the Pa.
cific northwest announced a new tariff
on lumber 10 Missouri river points. ad-
vancing rates about 20 per cent There
was determined opposition. and the I'd
vance was declared excessive. Before
the rate could take effect Federal In
junction was issued against IT, and il
IS now hung up Meanwhile the fight
which the lumbermen have designed tC
make, before the commission. again ST
the rate on Its merits, cannot be pressed
because the new rate IS not ia force and
IL is impossible TO make a fight, under
the law against a rate not actually il
force.
The same is true in the case OF the
milk and cream rates in the middle
West The railroads advanced rates in
p fashion which creamery interests de
cIared ruinOuS-
The wea kness Of the Hepburn law /,
in large part responsible for such situa,
tions as obtain in these lumber and mill
rate cases The commission has No
power TO pass on proposed increase
Of rates. and there is growing opinion
that IL should not only have this power
but that il should be required to pass OF
every proposed increase before It should
become effective
The substance Of the matter as sug.
gested by commission officials is thai
Congress- in giving The commission Ger.
tain powers over rates, decided that the
Tate-makinE business was not q proper
function fer courts. But SO small q
grant Of power was given to the com.
mission that the Federal courts still re.
tain a vastly greater actual rate-c0n.
zef m
and they are using it in a most effective
way.
PHOTOGRAPHS BY WIRE
FROM PARIS TO BERL m