Daily Arizona silver belt., 1909-01-17
MADE FAIR
 PROFITS IN PAST YEAR


 port says:
 "It has been from the first well un- derstood that the success of the present act as regulating measure depended largely upon the facility with which temporary injunctions could be ob- tained. If a railroad company by mere allegation in its bill of complaint sup ported by ex parte affidavits, can over turn the result of days of patient in vestigation, no very satisfactory re suits can be expected.
 2 "The railroad loses nothing by these proceedings, since if they fail it can only be required to establish the rate and to pay the shippers the difference between the higher rate collected and the rate which is finally held to be reas. enable. In point of fact it usually prof its, because it can seldom be required to return more than fraction of the excess charges collected.
 More Power Needed
 The commission finds fault with the present law, which does not permit the commission to restrain an advance in rates or an illegal rate, and which does not make an order of the commission effective in less than thirty days. More. over, an investigation in the question of rates takes great deal of time. Re- garding this the report says:
 "If the investigation is to be one in reality as well as in name, if all par ties are to be heard as they should be, several weeks, and usually several months must elaps before a conclusion resulting in an order can be reached. Meantime the rate established by the carrier remains in effect. No carrier should be required to reduce its rates without fair hearing; neither, in the commission opinion, should the pub lie be required to pay advanced rates without opportunity for fair hear ing
 The report calls attention to the fact that the transcontinental lines have ss- tablished rule, effective January l, prohibiting the consolidation at carload rates of shipments belonging to differ ent individuals. The commission held that this was illegal, but the railroads secured a court injunction suspending the order of the commission. Eighty thousand shippers are effected by this ruling. The report continues
 Suits by Railways
 "There is every reason why such a rule should not take effect until the supreme court of the United States has passed upon the lawfulness of the reg ulation. It ought not, in the opinion of the commission, to be left to the grace of the carriers themselves to say whether such postponement shall, or shall not be granted.
 In several cases courts have grant, ed injunctions against changes in rates pending proceedings before the com mission, but such injunetions have run only in favor of complainants, with the result that at the present time these carriers have established and are cpi. lecting one rate under their tariffs, and under an order of court, are collecting another rate from parties to the pro ceedings. The jurisdiction of the courts to grant such injunctions is vigorously combated by the railways, and very difficult questions arise where the sev. eral carriers making up the through line are in the jurisdiction of different courts.
 As practical matter, in such pro. eeedings the small shipper who cannot file bond to secure an injunction cannot and does not continue in business un der the higher rate. It would be easy to multiply instances and illustrations showing the confusion and discrimina tion which now exist in this respect The commission renews its recommends ton of one year ago that it be given authority to restrain the advance of a rate or the change of railway regula tion or practice, pending the proceed ing before it to determine the reason ableness of an advance or change, ana it earnestly calls attention to tht necessity for immediate action. "In the year ending June 30, 1908 there was a remarkable falling off if the number of casualties to both pas sengers and employees, due to som, extent to diminished traffic on railroai |. generally. The number of passenger! killed in train accidents was 165 il 1908, as compared with 40 in th' previous year. There Is also gratify ing decrease in the number of employees killed and injured. The number O employees killed in coupling accidents shows reduction of 20 per cent iron the previous yearly record.
 Attention is called to the necessit, of legislation authorizing an investi l gation, under direction of the com mission, of train accidents, for tn purpose of preventive measures for tn | future. '
 The report says that the condition of safety appliances is steadily improv ing. It recommends, however, tha more than the 75 per cent of the car of train should be supplied wit safety breaks. A total of 371 invcn 1 fions of automatic stop block sipnal