The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-01-07

lNss the supreme court shall so order.
Powers 81 the Court
The commerce court should be EN-.
powered in its discretion to restrain
o SUSPEND the operation of an order
cl the if esssata Commerce commits.
Sion Under aoKiew pending the final
hearing ma determination of the
rfneee ling Dnt no such restraining
order should be made except upon
notice and after hearing. unless in
cases where rreparable damage
w0uld otherwise ensue to the petit
iloner
Under the existing law the Inter-
Is ate Commerce commission itself
initiates and defends litigation and
fUr this purpose II employees attor-
negs who, while subject TO the con
irOl 81 The attorney general. act upon
The Initiative and under the instruc
lions of The commission This blend
ing Of administ alive. legislative and
judicial functions tends TO impair The
commissions efficiency by clothing it
with partisan characteristics and
rnhhlrg y 0f fhe impartial judicial
attitude II should occupy In passing
upon questions submitted 10 it,
IN my opinion all litigation affect
Ing the government should be under
the direct control Of tie department.
of jusiice; and ! therefore recon-
mend that III proceedings affecting
frde i and decgees of the Interstate
Commerce commission be brought by
or against the United States go nom
ino, and be placed in charge of an
assistant attorney general acting un-
der the direction OF the attorney gem
efal
Iii view OF The complete control
OYER rate making and other practices
OF inte state carriers established by
the acts OF congress and as recon-
mended in this communication, | saw
no reason why agreements between
carriers subject TO the act. specifying
the classiiications Of freight and the
rates, fares! and charges for trans
portatiou OF passengers and freight
which they may agree TO establish.
should not be permitted, provided
copies of sllch agreements be prompt
" fled with ifle commission. but sub
ject to all provisions of the interstate
commerce ACT, and subject to the
right or any parties to such agree
n1ent TO cancel Il as To all or any OF
The agreed rates. fares. charges. o.
classiflcations by thirty days notice
In writing TO the other parties and to
the commission.
Complaints Of Shippers.
Much complaint is made by snip
pers over the state Of the law under
which they are held bound to know
the legal rate applicable to any pro
posed shipment, without. as a matter
of fact having any certain means OF
actually ascertaining such rate.
think that the law should provide
that carrier, upon written request
by An intending shipper, should
quote In writing the rate or caarge
applicable to the proposed shipment
under any schedules or tariffs to
which carrier IS party and that ii
the party making such request suffer
damage In consequence OF either re-
fusal or omission to quote the proper
rate or in consequence OF a misstate-
ment OF the ate, the carrier shall be
liable 10 penalty in some reason
able amount. say two hundred and
fifty dollars. 10 accrue to the United
States and TO be recovered in civil
aclion brought by the appropriate
district attorney
Such a penalty would compel due
diligence in quoting the applicable
legal rate, and would thus afford the
shipper real measure of protection,
while not opening the way to collu-
sion and the giving Of rebates or
ofher unfair discrimination
ss Under the existing law the com
mission can only act with respect to
~ ALLEGED excessive rate or unduly
discriminatory practice by a carrier
on complaint made by some indi-
ridual affected thereby. ! see no
reason why the commission should
NOT be authorized 10 act on its own
Initiative and recommend the
Of the law TO sc provide
HS Under The existing law the COM
mission may moi investigate an in
nrease in rates until after 1t shall
have become effective On the Other
hand. If the commission shall make
an order finding that an existing
-ate Is excessive and directing Ii 10
be eeduced the carrier affected may
hy proceedings In the courts, stay
The operation OF such order Of rednc-
tion for months and even years.
The Matter of Rate Increase.
LIT has. therefore. been suggested
that the commission should be EN-.
powered when ever a proposed in
crease III rates Is fled. at once to en-
ter upon an investigation Of the rea-
of ilae Increase and TO
make an order Dostponing the effect
I've date OF such increase until after
t,ich Investigation shall be completed
TO this much objection has been
made on the part OF carriers They
cnntend this would be in effect. TO
lj{e from the owners OF the railroads,
IHe management OF their properties,
pnd to clothn The Interstate Com
uercc commission with the original
r3<tN making power--a policy which
Vas much discussed at the time Of
he Massage of the Hepburn act in
e(l5t;6. which was then and has been
sl<flnctly rejected and In reply to
la suggestion that they are able by
10 The courts to stay the
aiEjrx effect Of the order of the COM
,3lekIon until It's reasonableness
NIL have been investigated bY the
.ofifts. whereas the C<onle are de-
x1ved OF any such remedy with re-
!i7ect to action by the carriers, they
1dlnf 10 the provision OF The inter
Il commerce act poyiding for