New-York tribune., 1908-01-07
INTERSTATE COMMERCE
RAILROAD OVERSIGHT.
Inn prouement IN Transportation Con,
ditions-W0rk of Commission.

Washington, Jan. 6.-The Interstate commerce
Commissions twenty-irst annual report was sub
mitted to Congress to-day. The members of the
commission are Martin A. Knapp. of New York
chairman; Judson c. Clements, of Georgia; Charles
A. Prouty of Vermont: Francis NJ Cockrel, Of
Missouri Franklin K. Lane. of California; Edgar E.
Clark, of Iowa, and James S. Harlan. of Illinois
In presenting their report the commissioners say:
Little more Is attempted in this report than d
general statement of the work performed by the
commission during the last in the discharge OF
its official duties. A considerable part of the time
Ras TO Tape og Of the aw for the
guidance of both shippers and carriers TO secure
sible delay there was obvious need of correct
and uniform Interpretation OF the statute Il Ihese ere
ticular and to avoid unnecessary controversy
nss u appeaed re obscure or
that the obligations of the railroads and the
stood. This has resulted in numerous rulings - ex-
our yeW Of If the b saf anT These rulings
have in practically every been s a2 D.
visers not entirely in accord with the oplroi
The dement's of this course are beyond question.
The commission has endeavored to to adopt T Topa bs
as u rule announced its conclusions in matters of
importance only after conference and osias
This is especially true with reference t2 tariff
Seseme Of public reguiation There scarcely
complaint or controversy which is not based upon f
the carriers. If those schedules are clear and def i
mite in their there Is no d0r @
Reasonable and plainly announced the shipper per
obligations Of his company. # the charges are are
claimed to be eSeeSSye or fe th tbe
full hearing which the statute provides 1t is be be.
reeton have @ aready been fruitful Of good results
and that they will prove of increasing value IN the
The amended law has now been in force for up, p
wards OF htteen n, montns ana d sOie cs The i sub
santive provisions of the original act forbiddlng
ing determinations between persons and places,
were unchanged by the LEGISLATION s OF to % nrovde
more adequate means for the enfore OF r%gns7 %
princpIe Of right is found in the obligation to
respect it. Without remedial procedure the DE- de.
statutory expression of sentiment, but when ef-
isn machinery for nta and rs the
recognition of definite rights may be expec5edi 9i 10
ton That this is true in regard TO the amended
act, and extent not generally appreciates Is
laws is measured by the peace and security OF OF So So
eey rather h than the nst on fe 1
statute are shown in the more genera b eJIy by the
number of cases in which the authority Of the
commission has been invoked or the rs, ISL pe cTd ord
cisons and prosecutions which makes up the recolo
of administration.
PROGRESS OF REFORMS.
1t is likewise true that the substantial and per
manent benefits of this law are indirect and fre. f.
profit by its Observance IT means ans ucn h i0a les
of this law have gained greatly in general umder- ]
ST.
of railway operations is clearly apprehended.
Effort fo for their Suppression. BY railway managers
almost without exception the AMENDED i%it W ifa foS
the most part sincere and earnest dlsposltioh 10 70
was not to be expected that needed reforms could
be brought about with more or less diffGuitS % ] ana
progress has been made and that further improve
hene has been readustment of rates and correction
of abuses by the carriers themselves MetIiotS anu i
Individual advantage have been voluntarily changed
and it not too much to say at Which is
actual and general to a degree never neioIe dp
PPTTeres dsappear and favortism to be
suspected. the Indirect put not ItSS ,ora an
dement's of the law will become more and more ap-
parent. .,,,o,, oo,,o1itv of treat
nent mas been greatly promoted is in such matters
as switching terminal demurrage, reconslgn@ment' @
gate transportation In the past was f
within the power OF os parfcnar 10 Shippers While
collecting them from business rivals NOW me Jaw aw
and the rules the commission require all charges
of this description to plainly stated in the tarlns
be applied with the same exactness a% Tbi
formy the transportation rate tselI; Inns Is
only one of the ways in which distinct advance mas
each locality upon a basis of equality in the en-
joyment of public service. . g., |
ton conditions that the commission oD-
with sTsmaes the wr
of fundamental justice, the duickened sense OF
the clearer perception by shippers of all classes that
any individual advantage is morally as well as e- e.
the commission resulting from its increased au-
offensive PRACTICES Of every sort and signay
promote the purposes for which the Ia" was en-
acted
RESTRAINT OF ADVANCES IN RATES.
Under the operation of the interstate commerce |
the right to initiate interstate rates rests en-
tirely with the. railway. which may. by giving |
regulation practice affecting rate which II sees
fit. The commission is not required to. to approve p rove
these and has no authority whatever to con-
denim them 1t only act upon rate so estab- !
is flied attacking that rate after full hearing.
This is the express provision of the statute;
NAV e properly be- made before the reasonabeness
Of the advanced rate has been finally passed upon
stances where great injustice must result unless unless;
are pending to test the reasonableness of the ad-
vance. Where rate has been maintained for a ?
be seriously affected by it's change it is undue
hardship TO require the carrier TO continue tnae
can passed upon and to finally make the ad- /
itself at such time t as VIII s6f work N no be
tribunal to which shippers can appeal WIN VIII. a.
advance the change until the general question /
can considered. .,
At the present time it is not very clear Vne'heg 1S
such authority anywhere exists. Certainly me me /
commission does not possess it. 1t cannot rsr5I ap
pareny, apply to the courts for such restraining
ton as is forbidden by the so-caled Elkins bill.
and this is not usually true of mere increase III /
fnterfered TO prohibit advances pending proceed !
ings before the commission In these cases an m |
planants alone, so that at the present time |
the general public is paving the adyanGed d. rata nd
rate. These injunctions were granted upon the /
the other 1t is evident that the application of any
such practice must result in discrimination and
We suggest that when advance in rates or a !
change in any regulation or practice Is attacked !
shall have the power. in its discretion, after notice