Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-01-08

,ATURoAY MORNING, JANUARY 8,
reduced the carrier affected may by
proceedings in the courts, stay the
operation OF such order of Reduction
for months and even years.
Early investigation Of Rates.
1t has, therefore, been suggested
that the commission should be en-.
powered whenever a proposed incretse
in rates is filed, at once to enter
upon an investigation OF the reason
ableness of the increase and to make
an order postpon1ng the effective
date OF such increase until after such
investigation shall be completed. To
this much objection has been made
on the part OF the carriers. They
contend that this would be, in effect,
to take, from the owners of the nail
roads the management Of their prop
critics, and to clothe the Interstate
Commerce Commission with the orig
inal rate making power-a policy
which was much discussed at the time
OF the passage of the Hepburn act
in 1866, and which was then. and
has always been distinctly rejected;
and in reply to the suggestion that
they are able by resorting to the
courts to stay the taking effect Of the
odred Of the commission until the
reasonableness shall have been inves-
tigated by the courts, whereas the peo-
pie are deprived of any such remedy
with respect to action by the carriers
they point to the provision Of the in
terstate commerce act providing for
restitution to the shippers by enr-
riers of excessive rates charged in
cases where the order of the commits
sion reducing such rates are affirr.zd
It may be doubted how effective this
remedy really is. Experience has
shown that many, perhaps most, ship
pers do not resort to proceedings 20
recover the excessive rates which
they may have been required to pay.
For the ample reason that they have
added the rates paid to the cost Of
the goods and thus enhanced the
price thereof to their customers, aud
that the public has, in fact, paid the
bill. On the other hand, the enor
NOUS volume of transportation charg-
es. the great number Of separate tar
IFS filed annuity with the Interstate
Commerce Commission, amounting to
almost 100000, and the impossf5ility
OF any commission supervising the
making Of tariffs in advance of their
becoming effective on every transpor-
tation line within the United States
to the extent that would be neces-
sary if their a:tive concurrence We're
required in the making of every tariff,
mas satisfied me that this power, if
granted, should be conferred in very
limited and restricted form.
l therefore recomml that the In
terstate Commerce Commission be
empowered whenever any proposed
increase OF rates is filed, at once,
either on complaint or of it's own mo-
ton. to enter upon an investigation
int M hi Nf 11r1n Jtl
and that it be further empowered,
in its discretion, to postpone the Ell
fective date of such proposed ir!-rease
for period not exceeding sixty days
beyond the date when such rate would
take effect. If, within this time, il
shall determine that such increase is
unreasonable, it may then, by its Or
der, either forbid the increase at ALL
CT fix the maximum beyond which it
shall not be made. If, on the other
hand, at the expiration of this time,
the commission shall not have com.
pleted its investigation, then the rate
shall take effect precisely as it would
under the existing law and the com.
mission may continue its investigation
with such results as might he reaz-
cd under the law as it now stands.
Shipper to Direct Route.
The claim is very earnestly i'd.
vanced by some large associations of
shippers that shippers of freight
should be empowered to direct the
route over which their shipments
should pass to it's destination, and in
this connection it has been urged
that tho provisions of section Is Of
phe 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 estab.
lished, be amended so as to empower
the commission to take such action.