Omaha daily bee., 1907-01-09
coNTNe To rHE YIrAL PoINT.


With the trial of shippers com
plants against rates the Interstate
Commerce commission is now proceed
ing to the vital purpose of the amended
commerce law and must bring on the
crucial test of its authority. The true
center Of the battle in the last session
of congress was the question whether
the commission should be invested
with power to establish rates, and the
new law confers such power, though
subject to judicial review.
The criticism that the commission
has been dilatory in proceeding under
its rate-making power neither ema-
mates from quarters friendly to pub
lie control, nor is in fact warranted.
On the contrary, the commission has
acted with extraordinary energy in
strict performance of its duties, having
accomplished far more during the four
months since the law went into effect
than was reasonably to be expected.
The mass of initial work was i'm
mense. including such matters as a
uniform system of bookkeeping and
reports, joint and through rates, and
rulings on free passes and many other
important subjects whose considera-
ton could not be postponed. More
over, although the two members
added to the commission could not
take their places before fall. congress
imposed an enormous burden through
orders for Investigations which like
wise permitted no delay. The COM
mission accordingly has had to con-
duct exhaustive inquiries into the coal
and oil industries, into the grain and
elevator. situation, into the consolida-
lions of competing lines in Hartman
and Hill combinations, into safety sig
nails and wrecks. These great labors
have been not only imperative under
the law, but also of the utmost value.
The commission deserves we'll of the
country that 1t should have accom-
plished so much In short time. so
that 1t may now, in pursuance of its
paramount duty, take up the cases
brought before 1t requiring decision of
what are reasonable rates. Some of
these, like the first one to be heard
involving the Chicago terminal charges
on live stock and affecting the whole
west, are cases which the commission
has heretofore decided, but under the
old law was powerless to enforce its
decisions, while others involve great
questions like discrimination under
pretense Of water competition. But
now the commission, when 1t finds q
rate unreasonable, will also decide
what rate as a maximum Is reason.
able and order 1t to be forthwith en-.
| forced.
Thus the work upon which the com.
mission is now entering must raise
conclusively the issue between public
and corporate power over Transports
ton in the vital point of charge fol
service, for It is known that at pre-
cisely this point the constitutionality
of the power of congress will be :chal
lenged In the courts. Furthermore, 4
the supreme court shall broadly sus
tain the power of congress, the doc
will be opened for root and brancl
treatment of the whole question o
railroad capitalization and valuation
as basis for determining what con
stitutes "a just and reasonable rate,
cost of service, investors profit, etc
II by a narrow and reactionary Judi
cial construction the commission 4
paralyzed, then all the agitation tina
we have had will be the merest pre-
liminary to the universal uprising 70
more sweeping relief from carrier cor
operation abuses