The San Francisco call., 1909-09-21

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The rate bill has now been in op-
Grafton some three years, and 1t
must be admitted that it has not
furnished the relief against unduly
discriminatory rates with the eNpe-
dition and effectiveness which were
expected. The republican platform
promised additional legislation IN
aid of enforcing the interstate COM
merce laws and l have been en-
gagged in the consideration of what
| ought to recommend TO congress IN
order TO comply with that promise.
Those who opposed the provision by
which appeal from the order of the
commission might be taken to the
courts did so because they thought
such right to appeal would oHer
much opportunity to delay the pro-
ceedingS.
An examination of the decisions OF
the commission and the resort to the
courts by way of temporary inJunc-
tions fully justified the conclusion
that one of the defects of the pres
emf Interstate commerce law is the
delay entailed by litigation in court
over the correctness OF the orders OF
the commission
The court appeal can not be abol,
ished because it is a CONSTITUTIONS
right Something must be done SO
that the decision of the court snail
be prompt, final and effective
1t is proposed now by number OF
gentlemen of my cabinet VINO nave
conferred with some members OF the
Interstate commerce commission to
facilitate these appeals from the
commission by the creation OF
separate interstate commerce court
of five members, which shall sit In
Washington and which snail De the
only court to which petitions 10 set
aside or nullify the orders of the in
ferstate commerce commission can
be made 1t is proposed TO allow
single Judge to make an order stay
ing the proceedings OF the lnters.a.e
and thereafter that no injunction
shall be allowed against the order
of the commission unless granted py
the whole court of five members
know that objectionswill be maze
TO the creation of this court. In one
of the bills originally introduced
such a separate court was proViueu
for but the provision was defeated:
A tariff conrt has been PROVIDED
in the.new tariff law. to consist OF
five members, whose judgment snail
be final on all questions arising un-
der the administration or the laTilI.
am strongly inclined to think that
a similar court. except that an ap
peal ought 10 lie from II TO lhe SUI
nreme court will serve the purpose
of expeditfon and the dispatch OF
business in respect to the ordefs OIL
the commission.
A second change in the lntersta Z
commerce laws ought to give TO the
commission the power to near anu
entertain complaints against unjust
classification of merchandise LOT
transportation. Itsis perfectly clear
that by including articles IN is ,ne
ferent rates a railroad can commit
exactly the same kind or injustice
as it would by imposing an eXorol-
tant rate as to any one class. Hence,
eli fx,ht
IN recommending 70 congress that
the mower of the commission
should be extended to include not
only the fixing of rates after com
plaint. but also the readjustment or
classification If IL proves on COM
plaint TO be unjust
am aware that congress at the
time of the passage or the rate pilI
thought it wise to limit the power
of the commission to the consldefa-
tion of rates actually complained or
by persons interested. 1t would
now seem from the experience OF the
commission that 1T is the extension
of its power so as to institute COM
plants of it's own that is necessary
to make it's work truly effective.
don't think that until we try TINS
new amendment and see now IL
works we ought to put down the
bars entirely and give to the inter
state commerce commission the abb
solute power TO fix rates in advance
and their own INITIATIVE anu VIII
out complaint being made. as IS
done in some of the states now |
think il better to feel our way TO
satisfactory act which shall ACCOM-
plfSh the purpose without TOO dras-
tic or radical action.
Under the interstate commerce
law a new rate classification is to be
flied with the commission. 1t is
proposed now to authorize the COM
mission to postpone the date that
90 a PIoSGif1P1 rinn iG 10
take effect, provided that within 80
DAYS of the date of the order a COM
plafnt has been made that such rate
or classification is unreasonable or
unjust.
/ am inclined to think that this is
a fair change in the provisions of
the law. 1t gives to the public the
same right to have changes which
affect them injuriously Investigated
before they go into effect as 1T does
the railroad by appeal to the courts
to have the order of the comnais-
sion subjected TO investigation and
permitted to change rates unless
they can give a reason for it.
A third appointment TO the act
should provide that the commission
annul any charges in the rules OF
regulations which impose undue
burdens on shippers.
No doubt ought to be left with
respect 10 tne power Oh the CoIfl-
mission on such a subject. because
the rules and regulations of rail
way are the means by which in
justice may be done to the shippers
1t would seem we1l to empower the
commission TO compel, connecting
carriers to unite in forming a
through rate and to fix the rate and
the apportionment thereof among
the carriers. The commission should
, also be empowered to prescribe the
, rules and regulations under which
the shippers shall have the privi-
lege to designate the route ovel
which their shipments shall be car
ried to the destination beyond thai
of the first carrier.
Another most important amend
ment of the interstete commerce
law--part of which was specifically
promised In the Platforms pro-