Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1909-12-13
4. R. COMMISSION
ASKS POWER OVER
EXPRESS FIRMS
In Report to Governor Board
Will Urge That Legislature
Take Action.
1spaoial 10 the Newark 81

A1EAEA1a - 49,
TRENTON. Dec. 1S.-yYhen the State
RAILROAD Commission makes its annna
report to Governor Fort it will suggest
tbat there be legislation this winter Civ
ing it recommendatory powers over
rates and charges of express companies
E Decision to ask for such ems oil
power has come about ecaus the
board has been compelled to dismiss
o petition. because OF lack of Jurisdic-
lion, Of the Elizabeth Board OF TRADE
against the Adams Express Company
aud the United safes Express Company,
charging unfair rates have been made
nsssible because Of contracts for carry
ing express matter existing between the
express companies and two railroad
companies.
In its complaint the Board of Trade
set I'D that the Adams Company has q
contract with the Pennsylvania Rail-
road Company and the United States
Company has a contract with the Cen
trail Railroad Company, these contracts
giving the express companies the sole
privilege of carrying express matter
coming into Elizabeth over h lines OF
the railroad companies involved. In its
conclusions as 10 the petition the Rail-
road Commission say that, because 1t
has not jurisdiction over eXpreSs COM
panies, legislation comforting such juris-
dictior will be asked of the incoming
Legislature. In it's conclusions the board
y
1.-THE jurisdiction of the board is
strictly statutory; it possesses h pow
ers which the Legislature expressly
conferred upon it and no others. Its
Jurisdiction cannot be extended by i'm
plicatien to subjects other tina those
which the statute creating 1t defines
The act establishing the board is so
framed in its various provisions as to
confer jurisdiction as to railroads and
railroad companies. 1t cannot, without
ignoring all rules of construction, be
made to confer jurisdiction over indie
pendent express companies and the
transportation of the property by them
over the lines of railroad companies.
1.-THE testimony adduced related
almost wholly to rates eXacted by the
express companies complained Of for
transportation from Elizabeth, in this
State. to New York, in New York State.
1t was therefore directed to charges
imposed in interstate traffic. The power
OIL TIE CldIG Is CDIllllttd " Tic ICSuA6N
ton of interstate traffic and does not
extend to the regulation of interstate
commerce. The powers of the board
are necessarily likewise limited"
The conclusions recite that the con-
tracts between the express companies
and the railroad companies were char
acterized by counsel as exclusive
and 'in restraint Of trade" 1t Is then
observed that such conditions have the
sanction OF the United States Supreme
Court, which has held that railroad
companies have the right to make ex-
elusive contracts with selected express
companies for the handling of all eX.
press business on their lines. The rail
Dad commission quotes the decision oil
the United States Supreme Court show
ing the obvious necessity for special
contracts in reference to express COM
panies and holding hat so long as the
public are served to their reasonable
satisfaction, it is a matter of no import
ance who serves them. The Railroad
Commission also refers to the law of
New Jersey permitting special arrange
ments by railroad companies for they
carrying of express matter, then goes
onto say:
"A reasonable rate is one that on
the one hand will provide a fair re-
turn upon the value of the property
employed for the public convenience and
that, on the other hand, will not exact
from the public more than the service
rendered is reasonably worth. The
{ testimony before the board does not
show satisfactorily that rates imposed
and complained of are excessive, in
view of the services rendered.
1T is obvious that the charges OF
local express companies, transporting
the property delivered TO them by
means of horses and wagons merely,
cannot afford a fair criterion for de-
termining whether the charges for ex-
press service, including local collection,
transportation by mail and local de-
livery. are reasonable or unreasonable.
THE rates exacted for freight trans
portaition in the ordinary ourse OF
business of the railroad companies car
form no fair criterion for determining
the reasonablencss or unreasonableness
Of the charges for express service.
Many elements enter into the latter
services thai do not enter into the
former. Tho testimony of whether rates
particularly in question are reasonable
Or not would involve inquiry much
broader han that which can be made
on the testimony before the board or
the issue joined"