The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-09-20

Commission can be; and il is proposed
to allow a single judge to make an
order staying the proceedings of the
Interstate Commerce Commission but
sixty days. and thereafter that no In
junction shall be allowed against the
commission unless granted by the
whole court OF five members.
II know that objection will be made
TO the creation Of this court In one
OF the bills originally introduced such
a separate court was provided for but
the provision was defeated.
"a tariff court has been provided In
the new tariff bill to consist of such
members whose Judgment shall be
final on all questions arising under
the administration of the tariff | am
strongly inclined to think that sim
liar court. except that an appeal ought
70 lie from 1t to the supreme court,
will serve the purpose of expedition
and the dispatch of business In re-
spect 10 the orders of the commission.
know that there is we'll grounded
objection to increasing federal courts
and TO the provision for the appoint
ment of federal judges whose terms
and salaries last for life and who be-
come a permanent expenditure OF the
government But there is this TO be
said, that II the establishment of such
court proves to be a mistake. the
demand for judges throughout the
country and their increase will fur
nlsh an opportunity to use the judges
thus appointed for other and general
judicial work The uniformity of de-
cisions and the promptness of decls-
ion which may be expected from
court whose experience will soon
make them experts in the disposition
of such cases would promise TO the
shipper and railroad litigants quick
decision as TO their. rights.
"a second change In the interstate
commerce law ought TO give to the
commission the power to hear and Ell.
tertain complaints against unjust
classification o. merchandise for trans
portation IT is perfectly clear that by
including articles In the same class
which ought 10 pay different rates, a
railroad can commit exactly the same
kind OF injustice as it would by Inn
posing an eXorbitant rate as TO any
one class. Hence | have not the
slightest hesitation In recommending
to congress that the power OF the COM
mission should be extended to include
moi only the fixing Of rates after COM
plant. but also the readJustment of
classification if ii proves on complaint
10 be unjust
81 am aware that congress at the
time of tho passage of the rate bill
thought il wise to limit the power OF
the commission 10 the consideration of
rates actually complained OF by per-
sons Interested II would now seem
from the experience of the commission
that 1t is extension OF Its powers to
institute complaints of its own that
Is necessary to make its work truly
effective. | don't think that until we
try this new amendment and sec how
1t works. We ought To put down the
bars entirely and give 10 the Inter
state Commerce Commission the abso-
lutte power 10 fix rates in advance and
on their own initiative, and without
complaint filed and investigation
made, as is done in some of the
states. think It a great deal better
TO proceed cautiously in this matter
and feel our way 10 a satisfactory act
which shall accomplish the purpose,
Nl'Aibh' ibb III doll' OF dNAipus
Under the Interstate Commerce
law new rate classification Is 10 be
filed with tho commission. II Is pro.
posed now 10 authorize the commits
sion to postpone the date that such
new rate classification is to take ef-
feet, provided that within thirty days
OF the date OF the order. n complaint
he hled that such rate or classical
ton is unreasonable or unjust | am
/ Inclined TO think that this Is fair
chance In the provisions of the law.
1t gives to the public the same right
TO have changes which affect them In
juriously investigated before they go
into effect as II does the railroad, by
appeal to the courts to have the or
der OF the commission subjected TO
investigation and hearing Railroads
ought not 10 be permitted to change
rates unless they can give reason
I for 1t.