New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-12-04
ENLdRGING POWERS
OF COMMISSION.
MAJ Suspend Increases. Cor
rect Routing abuse and Make
Quoted Rate Legal One.
rFrom The Tribune Bureau

were prepared by government expert.
are now in the possession Of one Of the
men designated by the President last
spring To work out a comprehensive plan
for strengthening the Hepburn law
Thev VIII form the groundwork Of some
Il the most important reforms Of the ad-
mlnistration In its handling Of the trans
f,oriatIon problem. and Will be- urged on
Congress 10y delegations of shippers and
Others who are seeking relief from oner-
Gus eNactions growing out of advances in
rates. errors in quoted rates and the
routing regulations imposed by inter
state carriers.
u is now possible for The Tribune TO
present the text OF these three amend
m-uts Tie problems they aim To solve
,ycre considered at length by the special
committee created by Mr.. Tai, 10 assist
him IN the formulation of his legisla-
t.ve programme for better protection Of
shippers IN their dealings with railroad
corporations, and win be dealt with COM
irshensively in the Presidents message
SUSPEND INCREASE OF RATES.
Probably the most important Of the
tEree amendments is that which gives
the Interstate Commerce Commission
authority TO suspend an increase in rail-
road rates. II is proposed 10 add new
Section 10 the Hepburn act, 10 he known
g. section -. the tentative draft Of this
ueW section being as follows:
S-ctlon e5-Upon complaint by any of
ths parties enumerated in SECTION Is TO
said commission. alleging that any com
mon carrier subject 10 The provisions of
th.s act has filed a new tariff. classifica-
rInu. TIIle or regulation wherein and
hereby thc rates are 10 be- advanced or
lf-ulatlons changed 10 the injury and
Ofr~.meut ~ a complainant this commits
n shall II satisfied that the proposed
advance or change in regulation. rule or
practice Viii result ia substantial hard
ship 70 shippers. have power To suspend
fhr time when said advance OF rule. reg
U.atirn. class ifcatiou or practice will be
come effective until the lawfulness II
such changes has been passed upon and
determined by the commission.
and if the commission determines that
s-ch changes are unlawful said com
mission shall have power 10 restore the
former rate. regulation. rule or practice.
or modify said new tariff 70 such an eN-
tent az II may deem proper.
4 prominent Western Senator. who is
member Of the Committee on Inter
state Commerce. said tonight that the
foregoing amendment die o. go far
enough. He was in favor. he said, OF
legislation prohibiting common carriers
from making any change in their rates
az class ifcation without the approval of
rns Interstate Commerce Commission.
This senator pointed OFT that a grieyoUs
Cisrri imination might he made against a
shipper by reducing a rate on one com
7fr,tr
reduction on anoth,r commodity or 10y
s. changing a classification that an aI,-
parent reduction would really result in
ar increase Of rates. The Senator said
that he was opposed 10 the Presidents
plan fnr the creation of separate court
Z. IVY interstate commerce cases. on the
general principle that the federal judi
oaI Uachinery is already too extensive.
r. said he would yi-ld his opposition To
The court. however. provided the power
of tHv Interstate Commerce Commission
to tsEe jurisdiction Of all changes i'm
rates and classihcations was recognized.
2 PRESCRuE ROUTING RIFLES
Tre second amendment authorizes the
Interstate Commer"- Commission 10 pre-
Scribe routing rules for shippers. This
amendment - as follows.
Section - That the Interstate COM
n'I.s 'ummissiOn d. and the same l.
f1r.fE authorized and empowered %
li'-'tia" thg extent 10 which shippers
may .' allowed 10 route The traffic be
tween designated points Of shipmea-t
WHERE tnr or more routes over connect.
hE -r"s H. railroad are provided for hy
l-r published tarlm on file with said
commission.
Under existing law shippers are AT the
abs lre mercy u The carriers iE the
matter pl routing. a shipper has the
f.sht to designate The terminal delivery.
Dli has no right 10 designate the inter
mediate carriers Frequent complaints
AaFe been made 10 the Interstate Com
ner'e commission by shippers. on the
ground that their shipments were de-
.ayfl owing o. the failure OF the car
H'rs nr t.clr agents to take advantage
4" ile most direct route OF shipment
MAKES QUOTED RATE LEGAL.
The tI.rd amendment seeks 10 remedy
abuses which have arisen under the So
'a-.'e quoted rate" This amendment is
as follows
section That any common carrier
~'y 'l 2" ilr provisions 81 this act shall
H'-4 responsible for the correctness
~ rate quoted 90 a shipper by its
's'ii .ua lf shipper is obliged 20 pFy
-.si'f rate on The shipment than th-
le' lA.i Wts quoted by such agent il
N-al Do" the duty Of said commission. On
r.-'''.-nt bon writing by q shipper se'-
l'"s 'W thr facts 90 the transaction. q
-.'...r "h l"FeSt cation 81 the matter COM
!t"ih'n 'l and if after such iRNestiga
i'i sti4 commission b. satisfied that the
'iiitf H mlstHtoting ~, rate through
'+''i H'tsd BOZ good faith. said com
". -H. ~.all bc authorized and empow-
' make au order requiring surh
iIi'f fs refund 20 said shipper the diff
..'. rtfnrtu the rate 50 quoted ANA
Fsl-ar.r published tarim rate.
iFr- shipper Ircpays the fright
s Du shipment "a th" hasis -
ii. quoted br tlc age M of carrier
.'-- than the published rate
a-'h tls commission the commits
'H usE rrlaNc the shipper from paving
difference betkte.sr IA" quoted rate
,"p To- r-gular.v published tarih rat
tiie "'IlEIissl0n D. satisfied. after ln
e4sat"A provided tor when M
Da's ses arr not prepaid. that The trais-
ug1 DriNecn Tie shipper and cafneF
"sf made in good faith.
hundreds ~ complaints have beeh
iilt alrfr4f.ar- i..-t.ar1ct. tnlsTuDir-