New-York tribune., 1909-02-09
NO RATE LAW CHANGES
CHECK TO REGULATION.
Bill Extending Commissions Po1oers
UnfauorabEy Reported.
TFrom Ths Tribune Bureau.l

Wasbin1+an Feb s-The Senate Committee On
Interstate Commerce brought in its adverse report
on the Fulton bill to-day This Is the oul "hoh
Senator Elkins reported adversely from the COM
nnittee short time ago. 1t provides that the Inter
state Commerce Commission shall have the r1shI
TO order the suspension OF any increase in railway
rates Of which 1t is informed pending an invesu-
cation and the determination by the commission
that such incTess was warranted
The report submitted to-day makes clear the con-
victon Of the committee that the regulation OF rai
way rates has gone far enough for the present ana
that there is no to expect any immediate
extension Of the powers OF the commission Inc
committee declares that the Fulton bill would De
In violation of that portion Of the Fifth Amend
rnent to the Constitution which declares that pr1-
vate property shall not be taken for pubic use
without just compensation The committee SUD
mits that the actual management OF the railways
should remain in the hands of the managers select
ed by their owners and in closing asserts its CON
vfction that the railway rate law should be main
tained without alteration until 1t has had a con-
siderably longer and fairer trial than mas as YET
been possible. The report says:
The comforting upon the, commission the power
to suspend a rate advanced either upon the Tlins
commission taken in connection with the provision
OF the statute which gives to the commission the
longer than two years, that il should remain in
sggS pd a aob turn RI 6o tat e rae o
the entire country. 1t would offer premium to
Whe e then sfe we're az he or
able, even il discretion was vested in the commits
sion. If a protest, prepared by skilled attorneys,
presents prina facie case Of unreasonable ad-
vance OF the rate, and offers no opportunity for
an investigation before it must be acted upon, an
official body, on which was imposed the responsi-
bity to act, would be constrained TO suspend the
rate until final determination of the complaint
The existing law permits any shipper TO protest
any rate that has gone into effect. Inc
hearing the protest is made without formal
pleadings, and the commission is authorized then
to determine the question whether the rate put
in effect by the carrier was reasonable rate or
not, and, If not, to make the rate reasonable 90
far In the practical operation OF the act OF June =
1906 this provision of law has worked satisfactorily
and but comparatively few of the decisions OF the
commission have been contested by the carriers.
Under existing law both parties are protected II
the decision Is that the rate is unreasonable. n
Judgment may be rendered in favor of the pro
testant for the difference between what the com
mission determines is a reasonable rate and the
rate fixed by the carrier. with per cent interest
from the date of the overcharge. II, on the other
hsnd, this amendment should receive the approval
should be protested and then suspended by the
dn the multiplicity of duties imposed
upon that tribuneD. considerable time would elapse
before final determination OF the question could
be reached. During that period the carrier would
be receiving only the old rate. and II the commits
sion fnally decided that the advance was reason
able repsration in any way could be awarded