The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-10-19
Officials Object to Interstate
Commerce Commission.
Favor Tribunal of Experts for
Transportation Case.
CREATE A NEW BOARD
Composed of Traffic Speciality
to Pass on Disputes.
Other Items of Interest i'm Rail-
way Circles.

|
Is the interstate commerce commits
sion a fair arbiter as between the in
terests of the railroads and of the ship
pers? This question has often beer
esked by railway managers among
themselves and is now being PROFOUND
e6 more openly and more generally or
account of the proposed amendments
tc the Hepburn act. Although it would
be indiscreet for the railway managers
to give voice to their true sentiments
with respect to the fairness of the
commission. there is no secret in rail-
way circles OF the fact that railway
men generally believe that the commits
sion is too apt to be prejudiced against
the railroads before it comes to the de-
c:sion of the case in hand. To the
members of the commission, however,
uIterior motives are not ascribed by
railway men who believe that condi-
tons are such that it is next to physi-
cal and mental iEpossibiiity for the
diced judge in matters affecting the
welfare of the shippers and of the rail-
roads alike.
On account of this general opinion,
ar opinion which few railroad men
would be courageous enough to admit
openly. the majority of railway man
ayers are in favor of creating court
whose sole duty it will be to hear and
decide railway controversies which
arise on account of the activity of the
commission. Such plan would rele-
gate the commission to the sphere or
an Investigating body WHOSE duty it
would be to prepare causes for hearing
before the court and after a thorough
investigation.
Under the present practice the com
mission either in person or through
some of its special examiners does the
much after the manner
OF the secret service. This work is Of
ton necessary prior to the presentation
of a case for hearing before the COM
mission.
often in important cases the COM
mission moves of its own Volition after
having had a thorough investigation
OF the subject. Sometimes 1t happens
that the cases thus investigated do not
come before the commission for settle
r-ent. This was the fact in the IN
We stigation with respect to the Harri
man combination of railroads. l
Although the commission expressed |
decided view in that case and issued
warning to the American public against
the tremendous power which was be- |
irg acquired by Hartman through MS
acquisition of railroads. it did not lie
with the commission TO settle the IS |
sues raised Those issues have gone to |
q court of competent jurisdiction and
will be settled according to the law
OF the land, despite the OPINION OF the
commission.
The fault found by the railroads with |
the present system is that the COM |
mission is, oftentimes unwillingly,
placed in the position of a prosecutor
instead of a judge. Policemen and de-
te ctives whose life work is to investi-
gate charges become prone to believe
that all charges made are true until
proved untrue Likewise the mlnds
of the commission, it is believed, are
ho q
VIXEN charge of excessive rates or
is made. The case OF
the complaint is always before the COM
mission or the railroad side of the issue
is given and the result, according TO
the railroad men, is not satisfactory.
Hence in the minds of railway men
there is a crying need of special court
for the consideration or railway mat
tiers.
1t is charged by traffic men, for ex-
ample. that during the hearing of inn
Uortant rate cases before the various
courts the judges of those courts nave
shown a lamentable lack of grasp OF
the subject 1t is asserted that the
mind which has not been trained lE
rate and traffic matters is not capaole
of at once winnowing the wheat from
the chaff and is unable to make a true
application Of the facts to the merits
Of the case. This condition is one Whicn
Is as likely to operate against the snip.
rers as we'll as against the interests OF
the railroads.
A court constituted solely with view
10 handling railroad matters would
soon complete careful study of trans
portation and. traffic conditions as a
court of admiralty does the conditions
" hich pertain to traffic on the high
seas.
Furthermore, it is declared there is
plenty of work for the commission to
&c without it's having to sit as a Quasi
judicial tribunal. before whom the or
binary rules of court procedure and of
The admission and exclusion of evidence
are not enforced. Under the present
conditions the commission is an inquis-
torial rather than a judicial body. 1t
S also declared to be vital that the
courts during the next few years should
nave the best assistance in determining
he issues of law and of fact which
= i'll arise before the government can
control the rate policies of
lie railroads.