Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1910-01-13


powered. beyond any question, 10 pas
upon the classificatlons Of commodities
for purpose OF fixing rates. IN like man
ner AZ n may now DO with respect to tn
maximum rate applicable to any trans
portation.
Existing Law PowerIess.
Under the existing law the commission
may not Investigate en- increase in ratei
until after II shall become effective; and
although one or more carriers may MD
| with the commission proposed increase
! Ia rates or change in classihcations; OF
| other alteration Of the existing rates OF
classifcations, to become effective at the
expiration Of 30 days from such fling, no
proceeding can be taken to investigate
the reasonableness Of such proposed
change until after II becomes operative.
On the other hand, II the commission
shall make an order finding that an ex-
listing rate 10 excessive, and directing 1t
to be reduced, the carrier affected may
by proceedings In the courts, stay the
operation OF such order of reduction for
months and even years. It has. there
fore been suggested that the commits
sion should be empowered whenever
proposed increase In rates Is filed, at
once to enter upon an investigation OF
the reasonableness of the increase, and
TO make an order postponing the effec-
tive date of such increase until after
such investigation shall be completed. To
this much objection has been made on
the part OF carriers. They contend that
this would be in effect to take from the
owners of the railroads the management
of their properties and to clothe the in
terstate commerce commission with the
original rate-making power-a policy
which was much discussed at the time
Of the passage Of the Hepburn act In
1866 and which was then and has al
ways been distinctly rejected and In re-
ply to the suggestion that they are able,
by resorting to the courts, to stay the
taking effect of the order OF the commits
sion until Its reasonableness shall have
been investigated by the courts, where
as. the people are deprived Of any such
remedy with respect to action by the
carriers, they point to the provisions OF
the interstate commerce act providing for
restitution to the shippers by carriers, Of
excessive rates charged In cases where
the order Of the commission reducing
such RATES are affirmed. 1t may be doubt
ed how effective this remedy really is.
Experience has shown that many, per-
haps most shippers do not resort to pro-
ceedings to recover the excessive rates
which they may have been required to
pay, for the simple reason that they have
added the rates paid to the cost Of the
goods and thus enhanced the price there
Of to their customers, and that the public |
has in effect paid the bill. On the other |
hand, the enormous volume Of transport |
tatlon charges. the great number of sep
arate tariffs filed annually with the in |
terstate commerce commission amount |
ing to almost 100000. and the impossible |
Ity Of any commission supervising the |
making Of tariffs In advance Of their be-
coming effective on every transportation |
line within the United States to the ex-
tent that would be necessary IL their &C.
tive concurrence were required In the ma
king Of every tariff, has satisfied me that
this power, IL gVanted, should be con-
ferred In q very limited and restricted
form.
Commission Should Probe Change.
therefore recommend that the inter.
state commerce commission be empow-
cred whenever any proposed increase OF
rates Ia filed, at once, either on COM
plaint or Of its own motion, to enter
upon an investigation Into the reasonable
ness Of such change, and that II be fur
Their empowered, in Its discretion, to
postpone the effective date Of such pro-
posed increase for a period not exceed
Ing 90 days beyond the date when such
rate would take effect. II within this
lime 1t shall determine that such In.
crease 10 unreasonable, It may then, BY
70 order, either forbid the increase at
Ill., or TX the maximum beyond which
I shall not be made. II, on the other
land. at the expiration Of this time, the
shall not have completed Ita
Investigation, then the rates shall take
meet precisely as II would under the ex.
sting law, and the commission may con-
niue ita Investigation with such results
. might be realized under the law as II
low stands
The claim 10 very earnestly advanced
Y some large associations OF shippers
hat shippers of freight should be EN-.
owered to direct the route over which
heir shipments should pass to destlna-
Ion, and In this connection II has been
reed that the provisions OF section Is
I the Interstate commerce act, which
low empowers the commission, after
caring on complaint, to establish
trough rbutes and maximum Joint rates
B be charged, ETC., when no reasonable ,
+ satisfactory through route shall have
cen already established, be amended SO J
. to empower the commission to take
lch action, even when one existing rea- !
Enable and satisfactory route already
xists, II Il be possible. to establish ad-
itional routes. This seems to me to l
0 reasonable proposition. I know Of !
o reason why a shipper should not !
ave the right TO elect between two or :
lore established through routes to which !
10 international carrier may be a party. !
nd to require his shipment to be trans :
Orted BY such routes as he may desig-
ate for that purpose. subject, however,
tha exernlse OF this right tR,Euch.Fea- =
,nable regulations az the interstate com4
erce commission may prescribe. q
The Republican platform OF 1905 de- Q
AIRED In favor Of amending the inter- .
ate commerce law, but 30 as always to 2
aintain the principle Of competition be- Y
Veen naturally competing lines, and J,
Voldlng the common control Of such !.
nes by any means whatever. One OF
Ie most potent means Of exercising such
,ntrol has been through the holding OF n
ock OF one railroad company by an G
her company owning a competing line. u
his condition has grown up under ex- Y
'ess legislative power conferred by the .
ws Of many states. and to attempt now Y
suddenly reverse that policy 90 far y
, It Affects the ownership OF stocks here :.
fore 50 acquired. would be to inhict II
'levous injury. not only upon the cor g
,ratlons affected but upon a large body q
the investment holding public. o
Plan to End Rail Combine. =
l, however, recommend that the law b
all be amended 50 a. 10 provide that o.
ON and after the date OF It's passage e
, railroad company subject 70 the inter- c,
ate commerce act shall, directly or IN n
rectly, acquire any interests OF any N
nd in capital stock or purchase or u