The Montgomery advertiser., 1909-01-12
Commerce Con1n1ission
 Reportson Year s Work

the nAanpuiation of these public agen. cies vast sums of money which must finally come from the body of the peo- Of the people that. he can not object to stating the manner in which these accpmulations, have been made.
 the icontrary opinion. and the Cofnmis- sion. can of course only. suEkest to cnogress that If there ls te 6s any
 t,on oyn the aedsssl au
 somes action must be taken by the cn- Ccnplsiats Before .csrns.siea. 7
 fornai s snd inf fnfyrmal ysn hay. Senn fiied with the Commission for considerat lon and action. relating to the rates and practices g,s Sf susst3ntiaily all fnilsoeds as formal cases and investigations instf- tuted during the year was sS4.! or an nrsv,a insssase Id.ys l,a a pss cent gvsr the and inyestisations of alleged viois- have Seen had at wsshinston and at
 pseiaha hs.s :ss.Sas sSs .sssshoss the soqn n
 formal complaints received by the Com mission have been satisfactorily .ad- justed through icorrespondence with- Investigation Ita is . matter of sat- isfaction. to be, able to state that the Commission, is now practically breast ss wGsE or s aPe d,s
 posed Of with such delay. only as, Is inherent in the nature of the particu- lar case and that, their deterrnination ofiytlie Commission to discharge with promptness the duties deyolying upon # Tn, addition to an erectiye force. isrse M part part to ssa the more II perfect If us uni, an fication and co-ordfnation of the sey- erai brsnches of the commission.s wSfs is SslsS sS the courts and of this Commission. In that the ordinary court. decision in- wolves only the rights. of the parties adjustment,sof rates applies not only to eompiainant but also, to all ship pers under those ratss,s and frequently, R who are not before the ccmnaission in prcper dIsch#rge, Of, its duties by the Ccmmissipn requires considsration: not probable comnerciar effect of it's orders upon communities. carriers and ship pers who are not represented in the particular case snats By Carriers. e.a iI E Previous to July T.. 1908, only a sin- gle suit had been filed to set aside an order Of ,, the. Commission. It is. ssoweysr s,gnIfies1,. fsct t5ss since nee of important significance have been permitted to go without contest. The suits are fundame ntais The .constit1- tIonaiity of ths act itself tis, in issue. The right of Congress- to delegate. to any tribunal authority to establish an interstate rate fsr denied. Perhaps the most serious practical question con csrns the right of the courts to review the erders of the cornpission; If the contention of the cafriers in. thts lat ter respect alone iss sustained: but lit- tie. progress has been made 4under. the iyte regulation of Interstate tfanspof- tatfon charges. sA s &a 1 Esr
 !, In twelve Of the seventeen cases pre- liminary injunctionss were prayed for, stxa It3has been from the first. well un- derstood- that the success of the pres. pended, 1a fseiy upon the facility with obtained. if a railroad 'csmpshy.s by mere allegation in its bill of complaint supported by exs-parte. afildAvits; can overturn, the results of days of pa tient investigations. no very satisfAc- railroad loses nothing by these pro-. Ceedlngs. sinceSh they fail it can only be requirad to- establisb the rate and to pay to. shippers. the. differsnce be- rate which is finally held to De reason able. In point of fact, 1t usually prof its, because 1t can seldom De required to return more than q. fraction of the
 :. All these cases are proceeding under are before Che Supreme Court of the United states for argunnsnt already. there. It Is believed that the decisl ions uf that Fcourtsin these, cases must go far toward determining the effec-