The Washington times., 1910-12-19
DECISION EXPECTED
AGAINST RATE RAISE
Interstate Commission Will
Deny Increases, Is Conclu-
sion in Inner" Circles.
By JUDsoN C. wELLIvER.

The railroads Of the country viii lose
their fight for the privilege OF increas-
ing freight rates at this time.
The Interstate Commerce Commission
viii decide against the enforcement Of
the new tariffs which were fled a few
months ago, looking TO general ad-
vances Of rates
This is the conclusion reached by the
best informed people. from the recent
developments in connection with the
Investigation OF proposed increases, and
the changes ia the personnel Of the
Interstate Commission
At this time, indeed, the most i'm
portant question asked IN inner circles
IS whether there VIII be any dissenting
opinion It is recognized almost uni
versally that the majority Of the com
missiOn-ceTtainly as many as five OF its
seven members-yiu decide that the in
creases OF rates are Unjustihable-
The extent and the vigor OF the pro
test that has been raised against the
advances has taken the friends OF the
railroads by surprise The unfriendly
attitude OF the National Administration
when. last summer. the Attorney Gen
eral enjOined certain schedules from
taking immediate effect, also caused dis
tinct surprise.
The whole matter was. as a result Of
that injunction, left 10 the commission.
TO be acted on under the provisions OF
the new railroad law. which gives the
commission the power to suspend in
creases psnding investigation.
Much Testimony Taken
a vast volume OF testimony has been
taken. but the consideration Of the sub
5ect has constantly led back 70 the
predictions Of the commissioners As
the matter stands today, It is declared
confidently that a strong majority OF
the commission win oppose the in
creases, and even that the commission
is likely to be unanimous in that posi-
ton
Commissioners PIOuty, Lane and CIem-
ents have from the beginning been set
down as opposed The railroads have
expected to 6et three Of the other four,
but the best information is that in that
they have been reckoning without their
host. COMMISSIONS Harlan. for in
stance, has been commonly accounted
as likely TO view the railroad cOnter-
ton with favor hut Il is stated that,
10 the contrary. he views the proposed
advances with decidedly unIs.lsszasy- eye
Commissioner Knapp, who is now a
candidate for cOnfirT2at ton, under Fresi-
dental appointment, as q member Of
the Commerce Court has been looked
upon as likely 70 favor the railroad con-
tentiCn- Mr. Knapp, however. is de-
clared BY his friends 10 have been done
a serious injustice.
The CHEZ ground for disaneCtfOn with
hlln Is his speech In New York. a short
time ego, which was looked upon as ex-
pressing his personal opinion that il
would be necessary 10 grant the rail-
roads the increase in rates.
Another Mans Speech.
A close friend Of Commissioner Knapp
is responsible for the statement that IN
fact Mr. Knapp did not say anything
Of the kind The story. goes that al the
meeting in question, another speaker
made the remarks which were after
ward attributed to Chairman Knapp
The explanation IS that a stenOgTapher's
notes got mixed. and that parts 81 an
other mans speech were put into the
mouth Of the chairman Of the com
mission.
This explanation has teen given 10
persons opposed 70 Chairman Knapp,
together with a look at the authentic
coDy Of the remarks which ne made at
that time It Is declared that the chair
man Of the commission has been much
annoyed by the misunderstanding Of his
views
While there has been some opposI-
ton 10 his confirmation on the court
OF commerce, there IS small doubt that
M Knapp finally VIII be confirmed.
probably without dissenting votes in
the Senate For one thing he is re-
OF the commerce court because he Is
On record concerning the proper func-
tions Of tat court
Re believes not only that the Inter
state Commission should be the sole
Judges Of the facts, but that its find
iDgs Of facts should be accepted By any
courts reviewing its decisions, and that
the function Of the courts should be
limited 10 strictly constitutional ques-
tons
Commission Sole Power.
At the time when the Mann-Elkins
railroad bin was drafted. a provision
was inserted in it which would have
enabled the commerce court 10 review
the commissions findings, both as 10
law and as to facts
The Administration was In favor OF
this precision There was much op-
position TO it at the Interstate Com
mission and among pTOgressives in the
senate I'D House Chairman knapp
Sas among those who opposed such a
provision, and the record that he made
In that connection aIigns him with those
who favor giving the commission the
sole power OF deciding and Weighing the
facts
Granted that this power-which has
been confirmed by the Supreme Court
is to be retained in the commission,
then there IS very little real function
for the commerce court The preifc-
not be kept in existence more than three
or four years. and that after that time
IL VIII be abolished
Even the people who originally were
most in favor OF II. admit now that
there is Httle need for f.
Decisions OF the commission viii go
10 IL for review, but Il viii be merely
sidstrack on the through route 20 the
Supreme Court, where final review and
decision viii take place. The Com
IuerCe Court VIII not essentially change
present conditions. save that IL may
somewhat expedite consideration and
decision Of cases from the Interstate
Commission Expectation is that within
the next few years the now uooted
questions OF law viii be pretty thor
oughly cleared up, and then the Com
meTce Court wiz be abolished
Hopes to Be Sustained
Present concern about the Commerce
Court relates TO the construction It viii
attempt TO place on the authority Of the
commission. The commissions hope is