The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1910-01-16
Even With Endorsement of
WiCkersham and Interstate
Commerce Commission it
Still is Contested.
ACTION OF MANN is
CONSTRUED THAT WAY
Chairman of the Interstate and
Foreign Commerce Commit
tee 81 Not in Sympathy With
the Plans.
(By Roderick CIifford.)

washington, Jan. 1o.-BreakerS
ahead is the announcement today Of
those officials and members Of con
gress who are interested in the ad-
ministration's program for further
railroad rate legislation. President
Taft's measure, which has the endorse
ment of Attorney General Wickersham
the interstate commerce commission
and those members of the house who
have been closely allied with railroad
legislation, will meet with opposition.
This fact was made patent, when
Chairman Mann of the house commit
tee on interstate and foreign COM
merce. which committee has jurisdic-
ton of the proposed changes in the
law. offered bill of his own previous
to the presidents message.
1t provides radical changes in the
present law and sounds the key note
OF the fight, the opposition to the
presidents plan Of creating at inter-
state commerce commission court
Then, too. Mr.. Mann suggests a new
method of filing complaints, when
shippers find themselves injured by
Suggestion by Mann.
Instead Of combining the work Of en-
forcing the law to the commission,
Mr.. Mann suggests the establishment
of bureau Of transportation, under
the direction of the department of
commerce and labor. All complaints
against rates, according to his plan
must be filed with this bureau and, il
considered to be of merit, are passed
on to the department of justice, whose
attorneys will press the matter before
the commission. His plan envolves
two Of the executive departments in
addition to the commission itself.
The principal objection to the Mann
suggestions, in administration circles,
is this program of submitting COM
plants to the bureau OF transporta-
ton. This procedure, it is said, would
involve an amount Of delay and red
tape which is not encountered by ship
pers under the present procedure, and
might lose to them some important
rights which they possess at present
Under existing working conditions, if
a shipper believes that his rights
have been violated, he can secure a
full investigation of his complaint with
no necessary expense to himself In
fact. all that is necessary to set in mo-
ton the government machinery is to
write a letter to the commission set
ting forth his grievance. Upon this
basis the commission will examine the
rate or practice complained of, and if
an apparent violation of law is disclos.
ed. will Informally request the carrier
to discontinue the rate or practice. In
case the carrier is unwilling to make
the change. the shipper is informed
and a formal complaint filed. Then
the commission enforces it's order.
What Advantage Is.
The advantage Of this course is
apparent" said an official who is in
touch with the administration pro
gram. THE body, which must pri-
marily decide whether or not rates
are excessive or discriminatory, is the
commission. At no expense greater
than postage stamp the shipper can
secure the decision of that body itself.
Suppose. however that the proce-
dure Of the Mann bill is followed. Be-
fore the matter is even brought to
the attention of the body, which has
authority to decide whether or not the
law has been violated, two different
bureaus. having different views of the
meaning Of the law and the interpre-
tation OF decisions hereunder. must
take q guess as to what the decision
OF the commission would be upon the
facts presented. In other words. a
shipper could secure a trial and judg-
ment. not upon his own conviction
that his rights were invaded, but only
after convincing two Independent gov
eminent bureaus Of that fact. To
reach that end would involve the pre-
sentation of SO much evidence as
would make a case, if brought before
the commissioners direct as under the
present procedure, and would remove
the case from control Of the party
primarily interested.
Like Civil Proceedings.
Barring the item Of expenses, pro
ceedings before the commission are
now similar to civil proceedings in
court. That is to say any one con
ceiving that his legal rights have been
invaded may secure. on his own mo-
ton. a decision upon his complaint
The proceduree outlined in the Mann
bill would place the complaint in
much the same position as that Of a
person who suffers from criminal
violation OF law. He must convince
the district attorney that the law has
been violated, and whether or not the
matter shall be prosecuted depends
upon the discretion Of tho prosecuting
officer. To state the matter broadly
tho change outlined in the Mann bill
would introduce several rolls Of red
tape In an important branch OF gov.
ernment activity, which is now almost
entirely free from the enervating in
flnence Of that commodity.
The provision for commission Of