The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-01-08
Taft Insists Upon Enlarged Powers for Interstate Conss
Observation-Disclosures.


- :.
= The commerce court should be :!
- empowered in its discretion to re- :.
:. strain or suspend the operation of :.
! an order Of the Interstate COM :,
- merce commission under review :,
- pending the flnal hoering and de- :.
:. termination of the proceeding, but ::
= no such restraining order should ::
- be made except upon notice and =
=. after hearing, unless in cases where =
= irrcparsblc damage would other. 4
:. wise ensuc to the petitioner. :.
;..::.,,'':..,-;'..-:
court should be held al the capital. bu,
| IL SHOULD he empowered TO hold sessions
! IN different paris of the United States
! judgments should be made final, subject
| only 10 review ny the supreme court OF
that the operation of the decrcc appealed
from shall not be stayed unless the SUI
prome court shall so order.
The commerce court should be en-
powered In its discretion to restrain OF
suspend the operation OF an order OF the
interstate commerc" commission under
review pending the finel hearing and de-
termination OF the proceeding. but no
such restraining order should be made
except upon notice and after hearing.
unless IN cases where irreparable damage
would otherwise cnsue to the petitioner.
y Judge of that court might be ompoH-
cred 10 allow a stay OF the commission =
order for period OF not more than sixty
days. nut pending application 30 the
court FOR its order or injunction. then
only where his or6er shall contain a
specific finding based upon evidence, sub
and identified by reference thereto. that
sGCh ivreDs IN bic damage WOULD result to
the petitioner specifying the nature or
the damage.
Defects Of Existing Law
Under the existing law the Interstate
commerce commission itself initiates and
defends litigation in tho courts for tho
enforcement. o. In tho defense of it's "r-
ders and decress. and for this purpose ~
employs attorneys WHO. while subject TO
the control OF the attorney general, act
upon tho initiative and under The instIuc-
tons OF tho commission. This blending
of administrative. legislative and judicial
functions tends. in my opinion. 10 Impair
the efficiency Of inc commission by CLOTH
ins II With partisan characteristics sud
rohbine il OF the impartial judicial att-
tnde ii shoqld occupy in passing un"n
questions submitted To Il. In my opin-
ion, all litigation, affecting the govern
nent. should be un6er The direct contToI
of the dops srtment OF Justice. and I there
fore. recommend Chat all proceedings az
fe"tlus oldeIS sud de~re"S Of The iDtog-
state commerce commission he brought
by or against the Gnitcd states 90 nomine
aud he placed IN charge of an assistant
attorney general acting under the dtrec-
tion OF the attorney general.
Pooling Condemned.
The subject Of agreements between
carriers With respect 10 rates has been
often discussed IN congress. Pooling ar
rauGenicnts and agreements were con
dcmned by the general continent of the
people and, under the sherman anti-trust
law. any agreement between carriers OF
terna tlopal trade or commerce would be
unlawful. The Republican platform of
1905 expressed the belief that the inter
state commerce law should be further
right 10 make and publish traffic agree
ments subject to the approval OF the
commission, but maintaining always the
principle Of competition between ma tural
Is competing lines and avoiding the COM
mon control OF SUCH lines by any means
VIVA tsoeVer
In view or tie complete control over
rate making and other practices OF in
rerstste carriers established by tho acts
of congress az recommended in this com
municatlon. ! sec no reason why agree
ments between carriers. subject 10 the
aol. specifying the classihca tion NJ
freight and the rates fares and charges
iireiEht which they may agree to estsb-
liEh. should not be permitted. provided
copies Of such aereenents be promptly
filed with the commissions but subject
20 al the provisions of the Interstate
commerce sct aud subject TO the right
OF any parties 10 such agreement To can
rates fares, charges on clsssiGcs tons by
thirty DAYS notice In writing 10 the other
parties and 10 the commission
Complaints Of Shippers.
Much complaint - made by shippers
oHer the state OF the law under which
they are held bound TO know the legal
rate applicable 10 any proposed ship
mcrt. without. = matter of fact hav-
ing any certain means of actually ascer-
tainlng such rate, II has been suggest
shnuld DC required, upon applicat Ion by
supper, 70 quote the legal rate in writ
,ng; snd that the shipper should be pro-
tccted in acting upon the rate thiIs
quoted; but the objection 10 this sugces-
ton is that il would afford much 100
easy method of giving to favored ship
baSes
! think that the law should provide
ihai carrier. upon written request hy
81 intending shipper. should uIote in
writing tho rste or charge sppiicsblc "a
The proposed shipment under any schc-
dule or tariffs 10 which the carrier is
party and that if the party making
such request suffer 6gmae<, in conse7
qucnce Of either refusal or omission To
nuotc the proper rate. nr in consequence
OF nisstatemcnt oG the rate. the car
reasonable amount. say $50, TO accrue
To- the United states and to he recor-
cred III civil action brought by the
appropriate district attorney. Such A
penalty would compel the agent of tho
carrier to exercise due diligence in quot
ing the applicable legal rate. and would
thus afford the shipper a real measure of
protection while not opening the WAY to
coilusion ana the giving OF reba tes or
other unfair discrimination.
Should Extend Power.
Under The existing law, the comnis-
sion can act only with respect to an
alleged excessive rate or unduy dis
oiiminatory practice by carrier on =
complaint made BY some Individual af-
fectcd thereby. | sec no reason why
the commission should not be authorized
TO act on its own in!tia tive as we'll as
upon the complaint of an individual in
investigating the fairness of any exist
ing rate OF practice: and I recommend
the amendment OF Inc law 10 so pro-
vide; and also that the commission shall
DC fully empowered beyond any question
10 pass upon the clsssihcations OF com
modit!rS for purposes pf hEing rates i'm
like manner as IL may now do with ro-
spect TO the maximum rate applicable 10
any transportation,
Under the existing Ia " the commission
n'ay not investigate an increase in rates
until after il shall have become Of