The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1909-09-24
JUSTICE MULLOWNY'S CAR
CROWDING DECISION.


Justice Mullowny. in the Police
Court after long contemplation of the
subject, has handed down an important
decision in the cases in which street
car companies were charged with per-
hitting overcrowding Of cars in viola
ton of the act of May %, 1908 This
act gives the Interstate Commerce
Commission jurisdiction over the street
car lines of Washington.
In four informations the Government
charged that cars were overcrowded.
Justice Mullowny quashes these in
formations, on the ground that no
standards had been established by the
commission, to determine what con-
stitutes overcrowding. The commits
sion, he maintains, must make regu-
lations defining the reasonable limit to
which cars may be filed, and beyond
which introduction of more passengers
shall constitute "overcrowding"
If the powers of the Interstate Com
mission under the interstate commerce
act were TO be construed. in line with
this judgment, there would be mighty
little left of the Hepburn act. That act
provides in section that "all charges
shall be just and reasonable,
and every unjust or unreasonable
charge shall be prohibited and held to
be unlawful" That established a rule
by which to judge rates and charges;
but it is a very general rule. Charges
must be "just and reasonable" 1t is
not provided that the commission must
prescribe charges which are Just and
reasonable. The carriers are left to
prescribe their own rates. within that
requirement that "every unjust or un-
reasonable charge shall be prohibited
and held to be unlawful"
It seems that if Judge MullOwny
were sitting on a rate case be would
require that the commission prescribe
the specific rate before he would as
sumo jurisdiction TO interfere. Yet
Congress and the courts have imposed
no such requirement. A carrier makes
its own rates; if they are proved Gun
Just and unreasona ble," the shipper can
collect reparation 10 the extent of the
overcharge beyond a just and reason
able rate. and the rate must be with
drawn and the just and reasonable one
substituted.
Following this line of reasoning, the
conclusion seems inevitable that the
definition of "overcrowding" in the
street car act is not required TO be pre-
scribed by the commission in advance,
but is left a matter for proof in case
Of complaint The street car authori-
ties are presumed to be experts, just
as the te-maIers Of the railroads are
presumed TO be experts. The law
hedges them about with no multiplicity
and complication of regulations. 1t
simply says in one case that every "un-
just OF unrea sonable" rate shall be pro-
hibited; in the other, that "oyercrowd-
ing is prohibited.
IL Justice Mullowny will consider this
parallel between the two delegations
of authority to the commission, we be-
lieve he will find it interesting, at least.
Likewise. If the Commissioners of the
District will consider it. we believe they
will decide that their lawyers should
be directed TO appeal the case. The
Mullowny construction would relieve
the street railway managers Of all
responsibility for framing a judgment
as to the reasonable number of pas
sengers to be put into car; and they
should not be so relieved, any more
than the railroads should be relieved
of all responsibility for making rates.
Because in the case Of railroad rates it
is utterly impracticable for the com
mission 10 prescribe all rates. and be-
cause. in the other case. it is imprac-
ticable for the commission TO prescribe
all regulations for running street cars,
the law Of Congress establishes general
terms, within which the carriers may
make their own regulations. But they
must keep within those regulations.
If the street ear companies should
win this case. and the commission
should be compelled 20 make detailed
regulations. the companies in the end
would repent of their victory; they
would be hampered by multiplicity
Of regulations which would be ex-
pensive and barsssing to them. 1t is
hard to believe that they expect to win
this case on an appeal, and, therefore
the conclusion is enforced that they are
merely fighting for delay. An appeal
should be taken and prosecuted just
as fast as pOssibIe