The Daily Missoulian., 1910-01-08
REGULATION OF Combines
ADVOCATED IN MESSAGE
Continued From Page One.)

tive. legislative and judicial function
tends, in my opinion. to impair the el
ficiency of the commission by cloth
ing ii with partisan characteristics an
robbing il of the impartial judicial al
titude 1t should occupy in passing upo
questions submitted to H. In IN
opinion all litigation affecting the gov
ernment should be under the direc
control of the department of justice
and /, therefore. recommend that al
proceedings affecting orders and de
erees of the interstate commerce com
mission be brought by or against tn
United States 60 nomine. and b,
placed in charge OF an assistant at
torney general acting under the direc
tion OF the attorney general
The subject of agreements between
carriers with respect to rates has beer
often discussed in congress. Pooling
arrangements and agreements were
condemned by the general sentiment OF
the people and. under the Sherman
antitrust law. any agreement between
carriers operating in restraint of inter-
state or International trade or COM
merce would be unlawful The repub-
lican platform of 1908 expressed the
belief that the interstate commerce law
should be further amended so as to
give the railroads the rgiht to make
and publish traffic agreements subject
TO the approval of the commission, but
maintaining always the principle of
competition between naturally COM
peting lines and avoiding the common
control of such lines by any means
whatsoever.
Aureements.
In View Of the complete control over
rate making and other practices OF
interstate carriers established by the
acts OF congress and as recommended
in this communication. I see no reason
why agreements between carriers. SUBJ
tect to the act. specifying the ciassifi-
cation Of freight and the rates. fares
and charges for transportation of pas
sengers and freight which they may
agree to establish. should not be per-
mitted provided copies OF such agree
ments be promptly filed with the COM
mission. but subject TO all the provis-
ions of the Interstate commerce act
and subject to the right Of any parties
70 such agreement to cancel II as to
all or any of the agreed rates. fares.
charges or classiflcations by 90 days'
notice In writing to the other parties
and TO the commission.
Much Complaint.
Much complaint is made by shippers
over the state OF the law under which /
they are held bound TO know the legal /
rate applicable to any proposed ship I
ment. without. as a matter of fact. |
having any certain means OF actually
y = AiraNv =
sug3eSted-thaf. to meet this grievance. 1
carriers should be required. apon ap-
phcation by shipper. to quote the le-
sai rate In writing. and that the ship
per would be protected In acting upon
the rate thus quoted: but the objec-
tion To this suggestion is that IL would
at'ord much too easy method of Civ I
ing to favored shippers unreasonable
preference and rebates. 1
think that the law should proyid,. L
that carrier. upon written request by
an intending shipper. should quote in
writing the rate or charge appllcahle
10 the proposed shipment under the
schedule or tariffs To which the car
rier is party and that, II the party
making such request suffer damage In
consequence Of either refusal or
omission to quote the proper rate. or
IN consequence of misstatement of
the rate. the carrier shall be liable 10
penalty in some reasonable amount,
say $3.50. to accrue To the United states
and to be recovered In a civil action
brought by the appropriate district nj.
torney. Such penalty would compel
the agent of the carrier to exercise due
diligence In quoting the applicable la-
gal rate. and would thus afford aha
shipper real measure of protection
while not opening the way to collu-
sion and the giving of rebates or other
unfair discrimination.
Excessive Rate. f
Under the existing rate, the COM s.
mission can act only with respect 10
an alleged excessive rate or unduly
practice by carrier on
a complaint made BY some individual
affected thereby. | see no reason why
the commission should not be author
xed 10 act on its own initiative as ]
Well as upoa the complaint of an in
iividuai In investigating the fairness {
II any existing rate or practice; and |
recommend the amendment OF the {
aE to so provide: and also that the :
shat he fully empu xered !
,eyond ans question TO pass upon the !
Of commodities for pur- |
'oses of fixing rates. in like manner as
may now do with respect 10 the |
maximum rate applicable to any trans I
.ortation. 4
Under the existing law the commits I
Ion may not Investigate an increase i
n rates until after IL shall have be- i
ONE effective: and although one or i
more carriers may file with The eum- T
Mission proposed change i'm rates or Il
hange in classification. or other al i
crations of the existing rates or class c
Iicatiens. 20 become effective at the +
EXPIRATION Of 30 days from such filing, q
ID proceeding can be taken to !nyesti- 4
ate tie reasonableaess Of such pro- i
osed change until after II becomes =
peratlye. ON the other hand, if the )
omnission shall make an order find ;
Ak that an existing rate is excessive c
nd directing 1t to be reduced. the Il
arrier affected may. by proceedings c
the courts. stay the operation of Q
lch an order of reduction for months c
nd even years. 0