Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-09-02
WOULD GIVE INTERSTATE COM
MERGE COMMISSION NEEDED
POWER.
GOVERNMENT TO PUT
SCHEDULE IN FORCE
Commissions Orders AZ 20 Rates
Would Be Final-Roads Would Have
to Show Why a Rate, Once Estab-
iished, Should Be Modifisd-Prssi- :
dent and Senator to Confer.
Especial correspondence.1

Washington, Sept. "A plan for
the control Of the gov
ernment over railroad rates which has
been advanced by Senator Cummins
of Iowa promises to attract much no.
tice in congress next winter.
Senator Cummins indicated before
he left Washington for the west that
he was In favor Of some such propo.
sition. Now, 1t appears he is working
on it and that he proposes to work
seriously for its favorable considera-
tion next winter. His plan is nothing
less than the enactment OF legislation
by congress which would give the In
terstate commerce commission the
power to establish general schedule
of freight rates for the entire coun-
try.
Would Give Commission Power.
This is the plan which has been
adopted by England. That is, the Eng
lish plan Is to a considerable extent
like the one proposed by Mr.. Cum
Minis. In addition to giving the COM
mission the power to establish sched-
ule OF freight rates, Senator Cummins
would adopt a plan which was much
discussed in congress when the rate
law was under consideration. This was
to make the orders of the interstate
commerce commission as to rates fin-
al, except that an appeal would lie in
case the constitutional question Of con-
fiscation Of property was involved.
Senator Cummins is a member Of
the senate committee on interstate
commerce. For this reason. the bill
which he will Introduce will no doubt
receive moro consideration than it
would receive otherwise. More than
this, Senator Cummins is one OF the
members Of congress whom the presi-
dent has conferred with in reference
to changes in the Interstate commerce
laws, and he has been asked to return
to Washington early in November for
the purpose Of counseling with the
president on the question of what rec
concentrations Mr.. Taft should make
to congress as to changes in the laws
on interstate commerce.
Is Enormous, But Feasible.
AT first sight. the proposition ap-
pears to be too enormous to be feasible
but Senator Cummins maintains 1t is
not. He has already prepared his bill
to deal with the subject He would
have all the railroads on or before
Oct /, 1910, report to the interstate
commerce commission their schedules
of freight rates in understandable form
Tho CT
these schedules to determine whethe:
notifications ought to be made, an(
having made any needed changes
would declare the rates in force.
Nothing like the construction of ar
entire new fabric of rates for the whole
country would be necessary 1t /.
Senator Cummins' idea that in mos
cases the existing rates would be al.
lowed to stand. unless some good rea
son for changing them was shown.
Burden Of Proof on Railroads.
| Once established, according To tllt
bill of Senator Cummins. a rate coul.
not be changed without the approva
Of the commission. 1t is expected tha
| IN most cases the commission woul.
give its approval but If a change 70
any reason did not appear warrant Il
1t would be up to the railroad corn
pany to make showing as to why tn
rate should be modified Now, tn
burden Of making a showing as to VIII,
rate should be changed Is on III
shipper. In the plan proposed. it woul
be placed on the railroad.
Senator Cummins takes the view tina
the present rate situation can not con
| IL I,N1I tHnk ~. .t,,r-
be done to give 1t more stability. Nov
the commission is attacked by cour
proceedings from every quarter. Whe
| II issues an order. there is no certant
whatever that the order will be en-
forced. An injunction may tie 1t u
completely. In other words. the court
under the present system are doin
about as much regulation of railroad
| as the interstate commerce commits
sion.
Rate Conditions Are Uncertain.
This situation makes rate condition
uncertain both for the railroads and fc
the shipping public. 1t Is the opinio
of Senator Cummins that this can nc
go on indefinitely, and that 1t Is tim
to devise a new plan which will d
tainty and much of the existing cor
troversy.
1t is not to be expected that tn
Cummns plan will be adopted at tn
next session, If it ever is. But it
likely to be widely discussed, In vie
of the fact shippers are clamoring Il
further legislation, and in view of II
feeling that such decisions as tt
Grosscup decision weaken the author
ity of the commission, tho the commi!
sion will not admit this and expects
win this controversy in the supren
court But 1t is learned that the pla
of having a general schedule Of rat,
put into force by the government Is NJ
by any means opposed by all railros
men. Some of them have discussed
with Senator Cunmins and have sa
that some way must be found to r.
move the present complications az
; uncertainties with the endless chain
i litigation now attendant on the pr,
ceedings OF the commission.