Omaha daily bee., 1909-09-21
business In respect to the orders OF tn
commission.
New Use for FEDERAL LudEes.

commission.
New Use for Federal JudEes.
Il know that there is we'll grounded OBJ
lection to Increasing federal courts and
to the provision OK the appointment Of fed
eral judges. whose terms and salaries last
for life and who become q permanent ex-
penditure OF the government. But there Is
this 20 be said, that II the establishment
OF such q court proves to be a mistake,
the demand for judges throughout the
country and their increase will furnish
an opportunity to use the judges thus APP
pointed for other and general judicial work,
The uniformity Of decisions and the
promptness of decision, which may be eN-
pected from a court whose experience
viii soon make them experts In the dis
position OF such cases, would promise to
the shipper and railroad litigants quick
decision as 20 their rights.
"A second change in the Interstate Com
merce law ought to give to the commission
the power to hear and entertain complaints
against unjust classification of MERIDIAN
disc for transportation 1t is perfectly
clear that by including articles in the
same class which ought to pay different
rates, a railroad can commit exactly the
sNAAAD hAAAN VI AAlAeAAN ee ~ NNhAh W AAA
posing an exorbitant rate as to any one
class. Hence, l have not the slightest
hesitation in recommending to congress
that the power OF the commission should
be extended to induce not only the fixing
Of rates after complaint, but also the re
adjustment of classification II it proves
on complaint to be unjust.
II am aware that congress at the time
- NANH a..
was wise to limit the power OF the com-
mission to the consideration Of rates act
ually complained OF by persons interested.
II would now seem from the experience Of
the commission that 1t is the extension OF
its power so as to institute complaints OF
its own that is necessary to make its work
effective. l do not think that until we
.ry this new amendment and see how It
works, we ought to put down the bars en-
irely and give to the Interstate Commerce
commission absolute power to fix rates in
advance and on their own initiative, and
without complaint filed and investigation
made as is done In some Of the states. l
think 1t a great deal better to proceed eau
tiously in this matter and feel our way to
a satisfactory act which hall accomplish
the purpose without too drastic or radical
action.
Under the interstate commerce law a
new rate classification Is to be filed with
the commission. 1t is proposed now to
authorize the commission to postpone the
date that such new rate classification is to
take effect, provided that within thirty
days Of the date Of the order a complaint
be filed that such rate or classification Is
unreasonable or unjust. l am inclined to
think that this is a fair change in the
provisions of the law. 1t gives to the pub
lie the same right to have changes which
affect them lnjuriously investigated before
they go into effect as it does the railroad,
by appeal to the courts, to have the order
of the commission subjected TO investiga-
ton and hearing. Railroads ought not to
be permitted to change rates unless they
can give a reason for it.
Relief for shippers.
"A third amendment to the act should
provide that the commission may by order
suspend, modify or annul any changes In
the rules or regulations which impose un-
due burdens on shippers. No doubt ought
to be left with respect to the power OF the
commission on such a subject, because the
rules and regulations of a railway are the
means by which injustice may be done to
the shipper. 1t would seem well to en-
power the commission to compel connect
ing carriers to unite in forming a through
route and to fix the rate and the apportion-
ment thereof among the carriers. The
commission should also be empowered to
prescribe the rules and regulations under
which the shippers shall have the privilege
to designate the route over which their
shipments shall be carried to the destina-
ton beyond that of the first carrier.
Another most important amendment OF
the interstate commerce law-part of which
was specifically promised In the platform
is a prohibition against any interstate rail-
way company acquiring stock in any com
peting road in the future, and further pro-
vision that no railroad engaged in inter-
state shall after a certain date
hold stock in a competing railroad, and the
further amendment that after the passage
Of the amending act, no railroad company
engaged in interstate shall issue
any additional stock or bonds or other
obligations except with the approval of the
commission, based upon a finding by the
commission that the same are issued, first,
for a price authorized by the law and,
second, for a price not less than par for
stock, and not less than the reasonable
market avalue for bonds. such price being
paid either in cash or In property or SER
| vices and II in property or services then
at the face value thereof as determined by
the commission.
by these provisions enforced with rea.