Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-06-22

The more recent act Will not become
operative until July f. Is Is certain
however, that neither the Railroad
Commission nor the Utility Comm
sion could make any order which would
change or modify the new rates to be
shortly imposed by the various railroad
companies of the State.
'ITnder both statutes above referred
To there is the pc wer to investigate In
respect to the rates, and when a recon-
mendation is made touching the matter
SO investigated. othing further may
be done by either the Railroad Commits
sion or the Utility Commission.
"The railroad commission has already
begun an investigation, with full
knowledage of its sta tutory limitations,
but with che determination to establish
az quickly and conclusively as may be
the question as to whether the change
In rates is reasonable or otherwise
,'This work will serve a useful pur-
nose. but does not afford in itself any
remedy or relief, If 1t should appear
that the new rates are in fact I'M
reasonable.
at is generally conceded that the
proposed increase in rates affect for
the most part those who make inter
state Journeys. The interstate bust
ness affected as compared with the
interstate traffic would seem to be rela-
lively inconsequaltial. 1t follows,
therefore, that even though the act
creating a utility commission was so
amended that the power to regulate
rates was conferred, still the condition
complained of by those making daily
Journeys from and to this State upon
communication tickets could not beosatis-
factorily met.
at is clear, however, that the rare
charged by railroads in respect 20 such
n tourney is wholly under the control
OF the Interstate Commerce Connmis-
sion. the functions OF which have been
modified and enlarged by the recent
act of Congress-. If the rates involved
be unreasonable within the meaning
OF the law, upon proper application in
this arena the evil may be corrected.
.The new act just adopted. among
kindred subjects, deals with this mat
ter. By its terms the Interstate Com
merce Commission may hear COM
plants made to it by amy person. firm,
CORPORATION, company or association, or
any mercantile, agricultural or maml-
featuring society or other organization.
or any body polite or municipal
1.-THE act also provides that the COM
mission may investigate and make ap-
propriate orders upon complaint for
warded by the railroad commiss foner
or railroad commission of any State or
territory This, then, presents a method
and an arena where the whole matter
ESQ far as 1t relates to an interstate
...1 raoxy he prncnpfah and tf III
be disclosed that the rates are un-
reasonable orders will be made g
ouate in their scope and enforcible as
to their terms.
ut is important to keep in mind
what distinguishes in law a reasonable
from an unreasonable rate. If the
charge be more than enough to ade-
Quately meet the cost of maintenance.
fixed charges, necessary betteinlents
and Improvements, etc, plus a fair re-
turn on the capital invested In legal
contemplation, 1t Is unreasonable, but
not otherwise.
"In a last analysis this is the fair
test by which the present controversy
must be determined. Any different
rule would mean confiscation. which
violates good morals and c~ontravene
both the Federal and State Constitu-
ton. Any inquiry of this scope and
character involves Of necessity the aid
OF experts, the careful and thorough
sitting of details and, finally, a judicial
weighing of the facts ascertatned.
"Such work cannot be lone hastily.
It requires time. 1t requires patience
and protracted effort, and also care
full elaboration If any useful or worthy
result be reached.
Governor Fort has directed me, as
attorney general, TO present a formal
complaint to the Interstate Commits
sion. / have accordingly prepared the
necessary papers and will file them In
Washington at once. / shall, of course,
use my utmost endeavor to present all
h facts and secure as early a determ-
ination as Is possible under the practise
and procedure established In the juris-
diction where the complaint Is lodged,
The ley act above referred to confers
upon the Interstate Commission the
power. on its own initiative OF upon
complaint. and pending a hearing and
decision thereon. to suspend the opera
ton of n schedule setting forth q
new fare or charge. This suspension
under the act cannot be for a longer
PEI ibQ lIdn 1lu DAYS.
complaints have been prepared, run
ming In the name OF the railroad COM
mission, and relating to the proposed
tariff changes of the various railroads
having terminals in Jersey City. These
complaints urge the Interstate Com
merce Commission to exercise the stat
utory authority just referred to, and
temporarily at least suspend the opera
ton of the schedules. 1t is my inten-
ton to at once present this aspect OF
the matter in person to the Interstate
Commerce Commission
1T may be that the new rate pro.
posed by the Erie railroad falls in q
class by Itself. and may be reached by
a different method. In 1898 the Erie
Railroad Company and the New York
Susquehanna and Western Railroad
Company, being DESTROYS OF establish.
tLg a closer connection between them.
selves by lease. or operating contract
or other method. caused to be adopted
by the Legislature an act entitled ar
Get giving consent to the New York
Susquehanna end Western Railroad
Company, or to merge Its railroad
road n property to Erie Railroad
Company, or o merge It's railroad
stock, property inc franchises with
those of Erie Railroad Company, or 4
do both"
This act was approved April 2. 1898
The body of the act presents details in
cident to the plan outlined in the title,
and concludes with these words:
IS ttsDa4 ..-ltAA- - a. --4 ---