Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-01-07

OF d m1SStatement or the fdle the cdi
| riel shall be Table to a penalty in some
reasonable amount, say $50, TO accrue to
the United States and to be recovered IN
| ii civil action brought by the appropriate
district attorney. Such penalty Wouiu
compel the agent of the carrier to eXer-
else due diligence in quoting the applica-
| BILE legal rate. and would thus AFFORD Inc
shipper a real measure OF protectlon'
while not opening the way to COLLISION
and the giving of rebates or other unfair
discrimination.
Commission to Take Initiative.
Under the existing law the commission
can only act with respect to an alleged
excessive rate or unduly discriminatory
practice by a carrier on complaint
made by some individual affected there
by. l see no reason why the comm ssion
should not be authorized to act on its
)Wn initiative we'll as upon the COM
plant of an individual in investigating
the fairness of any existing rate or prac-
tice. and / recommend the amendment or
the law TO so provide: and also that the
eommiss on shall be fully empowered, be-
yond any question, to pass upon the clas-
~itications of commodities for purposes OF
liking rates, in like manner as it may
low do with respect to the max mum rate
applicab e to any transportation
Under the existing law the commission
nay not investigate an increase yin rates
until after it shall have become enectlVe'
ma although one or more carriers may
file with the commission proposed in
crease In rates or change in classified
tionS, or other alteration OF the existing
rates or classifications, to become effec-
tive at the expiration of thirty days from
uch filing, no proceeding can be taken to
investigate the reasonableness OF such
proposed change until after 1t becomes
operative. On the other hand, if the com
mission shall make an order finding that
an existing rate is excessive and d.
Getting it to be reduced, the carrier at
eected may by proceed ngs in the courts
stay the operation of such order of re-
uctiOn for months and even years. 1t
has, therefore, been suggested that the
commission should be empowered, when
ever a 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 effective
date of such increase until after such In
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 inter-
state commerce commission with the
original rate-nfakng power-a policy
which was much discussed at the time of
the passage of the Hepburn act i'm 1901,
and which was then and has always been
distinctly rejected; and In reply to the
TO the courts to stay the taking effect of
the order of the commission until its
reasonableness shall have been investi-
gated by the courts, whereas the people
are deprived Of any such remedy with
respect to action by the carriers. they
point to the provision of the interstate
commerce act providing for restitution to
the shippers by carriers of excessive rates
commission reducing such rates is at
firmed
Power to Act Promptly.
1t may be doubted how effective this
remedy really is Experience has shown
| that many, perhaps most. shippers do not
resort to proceedings to recover the ex-
cessive 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 thereof to their customers, and
that the public has in effect paid the bill.
On the other hand, the enormous volume
of transportation charges, the great num-
Der of separate ia. I.1s filed annually with
the interstate commerce commits sion,
amounting to almost 10000. and the i'm
possibility of any commission supervising
the max ng OF tariffs in advance of THEN
becoming effective on every transporta-
ton line within the United States to the
extent that would be necessary If their
active concurrence were required in the
making of every tariff, has satisfied me
that this power, if granted. should be
conferred in vely limited and restricted
form. ! therefore recommend that the
interstate commerce commission be en-
powered whenever any proposed increase
of rates is ii ed, at once, either on COM
plant or of its own motion, to enter upon
an investigation into the reasonabenesS
of such change, and that it be further
empowered. in its discretion. to postpone
49, f|<rtn of in
crease for IA period not exceeding sixty
days beyond the date when such rate
would take. effect. If within this time 1t
shall determine that such increase is I'M
reasonable, it may then. by its order.
either forbid the inc. ease at all or fl
the maximum beyond which it shall no.
be made. If, on the other hand, at -,
expiration of this time, the commissiol
shall not have completed Its investigation
then the rate shall take effect precisely
as it wou d under the existing law anC
the commiss on may continue its invest
cations with such results as might be
realized under the law as 1t now stands.
Shippers Right to Routes.
The claim is very earnestly advanced |.
some large associations of shippers tina
shippers of freight should be empowered
| to direct the route over which their ship
ments should pass to destination, and in
| this connection it has been urged that
| the provisions of section IL of the inter
state commerce act, which now empoW-
ers the commission, after hearing on
complaint to establish through routes
and maximum joint rates to be charged
etc. when no reasonable or satisfactory
| through route shall have been already
| established, be amended 50 as to en-
| power the commission to take such ac-
ton, even when one existing reasonable
and satisfactory route already exists. II
| It be possible to establish additional
| routes This seems to be Il reason
| able provision. ] know of no reason why
| a shipper should not have the right to
| elect between two or more established
| through routes to which the initial carrier
may be a party, and to require his ship
ment to be transported to destination