The Washington herald., 1909-02-09

In a report 2o601 words long. the Senate
Interstate Commerce Committee, Of which
Senator Elkins is chairman, informed
the Senate yesterday why the committee
turned down the bin OF Senator Fulton,
of Oregon. TO amend the rate bill and en-
large the powers Of the Interstate Com
merce Commission
The crux Of the change proposed and
at which the committee baked was this:
That AT any time prior to the expirs-
ton OF the notice herein required TO be
given OF a proposed increase OF rates.
fares, or charges, OF OF joint rates. fares,
or charges. any shipper or any number
OF shippers. jointly OF severally. may file
with the commission a protest, IN writing,
against the proposed increase. in whole
OF In part, stating succlnctly the grounds
Of his OF their objections 20 the proposed
change.
The fling OF such protest shall operate
20 continue IN force the then existing
rate or rates. fare or fares, charge or
charges. proposed 10 be changed and pro
tested as aforesaid. until the reasonable
ness OF the rate or rates. fare OF fares,
charge or charges. proposed 70 be sub
the commission"
II was the declared intention Of Con-
gress. the committee believed. 10 leave
control Of properties 20 their owners. sub
jsct TO the regulating statutes. This
principls was found in all the acts 20
regulate commerce passed since TSS7. IN
cluding the act Of 1906, and with this
principle Il vas dedueed that the Fulton
q errendy1err fura-fered
Violation of Consultation
While the committee did not declare
the amendment Unconstitutional IN IT.
judgment. Il was said that suggestion
had been made IN committee that II was
in violation Of the fifth amendment To-
the Constitution. and on this suggestion
an argument is made with the apparent
object OF supporting il. The conflict with
the fifth amendment was found IN the
theory that the Fulton amendment would
deprive the carrier Of his property with
out due process OF Law.
Passing from the legal argument 70
what il calls the practical side. Senator
EIkins adds in behalf Of his committee
should this amendment become a part
OF the law. K would be in the power OF
any shipper, whether interested CT not IN
the result. 10 file a protest against the
advance OF the rate which under the
proposed amendment would 81 once sus-
pend its going into effect. and under
the amendment offered IN committee
would place Il IN the power OF the CON-
mission to order Its suspension Il priIna
fscie case was presented IN the protest
The shipper ia fling . protest assumes
aHsfFH ~
of his action upon the carrier or liability
IN any way for cost accruing during the
proceeding.
Rates IN a country Ike the United
States. which IS comparatively young, and
tho development OF which attracts the at
tention of the world. must necessarily be
elastic. not only in the interest ot the
carrier. but OF the shipping public The
principle is sound. and has received the
approval OF the Interstate Commerce
Commission. that rates must be fixed
with regard 20 their relations one with
the other, and not entirely upon the cost
Of service.
Nest serious Objections.
~One OF the most serious objections urged
10 the passage Of this amendment IS
he opportunity which such a law would
present for the preparation ot frauds
under it. and in the case of even honest
protest TO the advance OF rates. where
rates rest on a diferential basis, IN pro
dacing thousands OF instances Of unfair
discrimination.
Argument is appended 20 show that Il
the law prevented advances II would op-
crate 20 prevent reductions. and there
would. therefore. be a rigid freight tariff
instead Of the flexible tariff now in exist
ence.
IN conclusion the report says: The
country is now demanding repOse in its
Industrial upbuiiding. II is not time 10
experiment and 90 change the basis upon
which the former acts TO regulate com
merce have been predicated. The recent
law passed by Congress. 50 greatly en-
Iarging the authority OF the commission,
should. before changes are sought. have
the opportunity OF al least fair trial as
to tns yak Il itsprovisIons in the regu-
lstion OF interstate commerce