The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1908-01-09

acllng conditions OF tramc. IL Is OBJ
servahle, however. that notWithstand>
the accidents no tratnmen due to- coup
ling and uncoupling cars are constantly
decreasing. This result proves the wis
eesssSsfs con sssss iil=enanting tn safet3
appliance law and justi1es the endeav-s
or of the government to secure its prop
er enforcement.
There should also be an amendment
to the law requiring the use of auto
matte air and steam hose ~couplers. The
vast increase in the number of air
brakes has enormously Increased the
danger to which men are subjected by
going between the cars to couple and
uncouple hose. Many casualties are
due to this cause and as automatic ap-
planes for the connection of steam
and air hose are no longer an expert
ment, 1T is believed that their use MAJ
properly be enforced by law.
Advance in Rates.
Under the operation of the interstate
commerce act the right to initiate in
terstate rates rests entirely with the
railway, which may, by giving thirty
days notice. put into effect rate
or any regulation or practice affecting
q rates which 1t sees fit The com
mission is not required to approve
these rates and has no authority what
ever to condemn them. 1t can only act
Upon a rate so established by the rail-
way in case a formal complaint is filed
attacking that rate n after a full
hearing. This is the express provision
of the statute.
1T is certainly Just that carriers
should not be required to reduce their
transportation charges, nor to alter
their rules or practices Affecting such
charges, without opportunity to be
heard upon their part. for these charges,
are, in essence, the property Of the rail-
"a 1t seems therefore ordinarily a
just provision to require that formal no.
tice shall be given h railway, with p
portunity to justify its rate. before a
reduction is ordered.
When, however, the carrier advances
a rate or so changes a regulation or
practice as to impose upon the ship
ping public a higher charge or some
more onerous condition an entirely diff
ferent question is presented. Railway
rates enter to a greater extent than
might at first thought be supposed into
the business operations of this country.
The contracts of the IA operator. for
example, run for a year. frequently for
two years, and the margin of profit
is such that an advance in the transpor-
tation charge OF no more h S or 10
cents per ton may convert a ~proftable
contract into a losing one. Engagements
for the sale of grain are made upon the
basis of the present rate and an adj
vance of a cent per 100 pounds may en-
tail a loss in the transaction. The
lumber manufacturer may arrange for
his seasons cut upon the basis of the
existing tariff, and a change may mean
disaster to his business.
"The above examples are not fancied
cases. They nave all been brought to
the attention Of the commission within
the last year in such a form as to pre-
sent strong grounds for relief. Assum-
ing hat the advanced rate would be
perfectly just in the end, it may never
theless be entirely unjust to suffer it
to go into effect at the time named by
the carriers.
IN the majority OF instances. per-
haps. advances may properly be made
before the reasonableness of the adj
vanced rate has been finally passed
upon by this commissions; but there are
also many instances where great in
justice must result unless matters can
be kept in status quo while proceed
ings are pending to test the reason
ableness Of the advance. Where a rate
has been maintained for a consider
able time n where business inter-
ests will be seriously affected by it's
change it is no undue hardship to re-
quire the carrier to continue that rate
in effect until the propriety of the ad-
Vas:Ie can be passed upon. and to final
ly make the advance itself at such time
as will work no unnecessary injury.
Certainly there ought to be some
lIlpuIld W WHICH lllppsTS can appear,
with authority. if such a ourse seems
just, to prohibit the advance or the
change until the general question can
be considered.
"At the present time it is not very
clear whether such authority anywhere
exists. Certainly the commission does
not possess it. 1t mo itself by any
order restrain the advance, nor can it,
apparently. apply to the courts for
such a restraining order unless the adj
vance works such a discrimination as
is forbidden by the so-called Elkins
bill, and this is not usually true of a
mere increase In the rate. In several
instances courts of equity have inter-
fered to prohibit advances pending pro-
ceedings before the commission. In
these cases an injunction has been is
sued In favor of the c~omplainants
general public is paying the advanced
rate, whele the compliments are being
charged the old rate. These injunc-
tons We're granted upon the filing OF
a bond-$10.00 0 in one case N $780,
900 in the other. 1t is evident that the
application Of any such practice must
result in discrimination and hardship
to the general public.
I'VE suggest that when an advance
in rates or a change in any regula-
ton or practice is attacked by com
plant to this commission, the commits
sion sha have the power, in it's dis.
erection, after notice to and hearing O.
the parties. 20 prohibit the taking effec'
Of the advance or change until the mat.
ter has been finally heard and deter.
mined.
AT al events congress should def
nitely understand that we, under tn,
present law, are powerless to act il
reference to these advances excep
upon the filing of a formal complain
and after q full hearing of the case"
Tho y.ovnrt ic cionaI Iy ~, A
/ Knapp, chairman; Judson c. Glen
!. ents. Charles A. Prouty. Francis NJ
; Cockrell, Franklin K. Lane, Edgar +
Clark, James S. Harlan.
GREAT GAIN IN THE