The Bon Homme County independent. [volume] (Tabor, S.D.) 1904-1913, 1908-01-09

serVable, however, that notwithetand-
ing the general increase In casualties,
the accidents to trainmen due 70 coup
ling and uncoupling cars are constantly
decreasing. This result proves the wis
dom OF congress in enacting the safety
appliance law and justiies the endeav-
or or 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 APP
pliances for the connection OF steam
and air hose are no longer IN expert
ment. It Is believed that their use may
properly be enforced by law.
Advance In Rates.
Under the operation OF the Interstate
commerce act h right to initiate in
terstate rates rests entirely with the
railway, which may, by giving thirty
days notice, put into effect m rate
or any regulation or practice affecting
a rates which ii sees Mt. The COM
mission Is not required to approve
these rates and has no authority what
ever to condemn them. 1t can only act
dpOAl q IdlG W GSldUi1Sutu ny Tie Tdll-
way In case a formal complaint Is filed
attacking that rate and after a full
hearing. This is the express provision
of the statute.
TT 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-
way. 1t seems therefore ordinarily q
Just provision to require that formal no.
tice h be given the railway, with OPP
p~ortunity to justify its rate, before q
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 q higher charge or some
more onerous condition an entirely diff
ferent question is presented. Railway
rates enter to O greater extent than
might at FIRST thought be supposed INTO
the business operations of this country.
The contracts Of the coal 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 than s or 10
cents per ton may convert a profitable
contract into a losing me. engagements
for h 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 a for
hts 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 have 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 that the advanced rate would be
perfectly just in h end. 1t may never
theless be entirely unjust to suffer 1t
to go into effect at the time named by
the carriers.
I'm the majority OF instances, per-
haps, advances may properly he made
before the reasonGbleness Of the adj
vanced rate has been finally passed
upon by this commission; but there are
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 and where business inter-
ests will be seriously affected by its
change 1t is no undue hardship to re-
quire the carrier to continue that rate
in effect until the %propriety of the ad-
vance 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
tribunal to which shippers can appeal,
with authority, If such a course seems
just, to prohibit the advance or the
change until h general question III
be considered.
AT the present time it is not very
clear whether such authority anywhere
exists. Certainly the commission does
not possess it. 1t cannot itself by any
order restrain the advance, nor can it,
apply to the courts for
such a restraining order unless the adj
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 ~complainants
general public is paying the advanced
rate, whele h complainants are being
charged the old rate. These ~injunc-
were granted upon the filing of
a bond-$10,000 in one case and $780,
900 in the other. 1t Is evident that the
Of any such practice must
result in discrimination and hardship
to the general public.
w suggest that when an advance
In rates or a change in any regula-
ton or practice is attacked by COM
to this commission, the commits
sion shal have the power, in it's dis
erection, after notice to and hearing of
the parties. to prohibit the taking effect
Of the advance or change until the mat
ter has been finally heard and deter
"At all events conpress shorld 6a6-
nitely understand that we, under the
present law. are powerless to act in
reference to these advances except
the fling of a formal complaint
and after a full hearing of the case"
The report is signed by Martin A.
Knapp, chairman; Judson c.. Glenn
ents, Charles A Prouty, Francis M.
Cockrell, Franklin K. Lane, Edgar Z.
Clark. James s.. Harlan.
GREAT GAIN IN THE
- nE~EEn~~