The Lamar register., 1910-01-12

the order of the commission reducing
such rates are affirmed. II may be doubt
ed how effective this remedy really is.
Experience has shown that many. per-
haps most shippers do not resort to pro-
ceedings to recover the excessive 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 there
of to their customers and that the public
has in effect paid the bill. On the other
hand. the enormous volume of transpor-
tation charges. the great number of sep
arate tariffs filed annually with the In
terstate commerce commission. amount
Ing to almost 1000 and the impossible
ity of any commission supervising the
making of tariffs In advance of their be-
coming effective on every transportation
line within the United States to the ex-
tent that would be necessary II their ac-
tive concurrence were required In the ma
king of every tariff. has satisfied me that
this power. II granted. should be con-
ferred in a very limited and restricted
form.
Commission Should Probe Change.
I therefore recommend that the inter-
state commerce commission be empow-
cred whenever any proposed Increase of
rates Is hled. at once. either on COM
plhint OF OF own mOtOn, 10 enter
upon an Investigation into the reasonable
ness of such change and that II be fur
Their empowered. In Its discretion, to
postpone the effective date Of such pro-
posed increase for a period not exceed
ing 60 days beyond the date when such
rate would take effect II within this
time 1t shall determine that such in
crease Is unreasonable. II may then. by
Its order. either forbid the Increase at
all. or fix the maximum beyond which
1t shall not be made. If. on the other
hand. at the expiration of this time. the
commission shall not have completed its
Investigation. then the rates shall take
effect precisely as II would under the ex-
listing law, and the commission may con-
tinue Its investigation with such results
as might be realized under the law as It
now stands
The claim is very earnestly advanced
by some large associations of shippers
that shippers of freight should be en-
powered to direct the route over which
their shipments should pass to destina-
ton. and in this connection II has been
urged that the provisions of section is
of the Interstate commerce act which
now empowers 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 no
as to empower the commission to take
such action. even when one existing rea-
sonable and satisfactory route already
exists. II 1t be possible. tn establish ad-
ditional routes. This seems to me to
be reasonable proposition.
The Republican platform of 1908 de-
clared in favor of amending the inter-
state commerce law. but SO always to
maintain the principle OF competition be-
tween naturally competing lines and
avoiding the common control of such
lines by any means whatever. One of
the most potent means of exercising such
control has been through the holding of
stock of one railroad company by an
other company owning n competing line
This condition has grown up under ex-
press legislative power conferred by the
laws of many states. and to attempt now
to suddenly reverse that policy so far
rs It affects the ownership of stocks here
tofore so acquired. would be to infiict
grievous injury. not only upon the cor
porations affected but upon n large body
of the investment holding public
Plan to End Rail- Combine.
I. however. recommend that the law
shall be amended so as to provide that
from and after the date of Its passage
no railroad company subject to the inter-
state commerce act shall. directly or in
directly. acquire any Interests of any
kind in capital stock or purchase or
lease any railroad of any other corpora
ton which completes with IL respecting
business to which the Interstate COM
merce act applies. But especially for
the protection of the minority stockhoid-
ers In securing to them the best market
for Their stock. I recommend that such
prohibition be coupled with a proyiso
that II shall not operate to prevent any
corporation which. Mt the date of passage
of such act. shall own not less than one
half OF the entire issued and outstanding
capital stock of any other railroad COM
rany from acquiring all or the remain
der OF such stock: nor TO prohibit any
railroad company which AZ the date of
the enactment of the law IL operating a
lease executed OF a term not less than
Is years. from acquiring the reversionary
ownership of the demised railroad: but
that such provisions shall not operate to
authorize or validate the acquisition.
through stock ownership or otherwise
OF n competing line or interest therein in
violation of the antitrust any other
law.
The Republican platform of 1905 fur
Their declares in favor of such national
legislation and supervision will pre-
vent the future over-issue of stocks and
bonds by interstate carriers. and In order
to carry out its provisions I recommend
the enactment of a law providing that
no railroad corporation subject to the In
terstate commerce act shall hereafter for
any purpose connected with or relating
to any part of Its business governed by
said act. issue any capital stock without
previous SIMULTANEOUS payment TO II
of not less than the par value of such
stock. or any bonds or other obligations
Except notes maturing not more than
one year from the date of their issue).
without the previous or simultaneous pay
ment to such corporation OF not less than
the par value of such bonds. or other OBJ
legations. or. II issued at less than their
par value. then not without such pay
ment of the reasonable market value of
such bonds or obligations as ascertained
by the interstate commerce commits
sion. and that no property. service.
other thing than money. shall be
taken in payment to such carrier cor
poration. of the par or other required
price OF such stock. bond or other obiiga-
ton. except the fair value of such prop
erty. services or other thing ascertalned
by the commission: and that such act
shall also contain provisions to prevent
the abuse by the improvident or improp-
issue of notes maturing at n period
not exceeding IL months from date. in
such manner to commit the commits
sion to the approval of n larger amount
OF stock or bonds in order to retire such
notes than should legitlmately have been
retired.
Such act should also provide for the
approval by the Interstate commerce COM
mission of the amount of stock and bonds