The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-05-15
KILLED In THE SENATE

bill rs passed by the House, called for
so much satisfaction throughout this
interior country, has been practically
eliminated in the Senate, 1t is idle
to put up auy pretensc in this respect
IN favor of the provision as il now
stands. Section of the bill rs il passed
the House was square prohibition
against any line charging moro for a
short haul than a long haul. The Sen
ate has amended this, however, by Two
previsos
The first Of these provisos allows
the Interstate Commerce Commission
to take into consideration circum-
stances and conditions of the longer haul
as to their being dssimiliar to the
circumstances and conditions of the
shorter haul, whether they result by
reason Of competition by water or rail,
common carrier to charge less for the
longer haul than for the shorter dis
tance. This. however. only when the
Commission is satisfied that all the rates
involved are fair and reasonable, and
not unjustly discriminatory nor unduly
preferential nor prejudicial, That is
to say, the whole matter is left to
the Interstate Commerce Commission
and that body is given authority to
Introduce precisely such conditions as
now prevail, allowing the greater charge
for short haul than for long haul.
That in itself is enough to kill the
short haul clause as passed in the
House,
But there is yet another proviso in
the measure as adopted by the Senate,
and one much worse. That second pro-
viso reads that no rates or charges law
fully existing at the time of the pas
sage of the amendatory act shall be
required TO change by reason of the
provisions of this section prior to the
expiration Of six months after the pas
sage Of this act, nor in any case where
the application shall have been fled
before the Commission in accordance
with the provisions OF this section,
pending a determination of such appH-
cation by tho Commission. That is, in
plain language, the rates now in force
are to continue unless the Interstate
Commerce Commission decides other
wise. but they can't be changed at all
for six months. AS TO their "lawfully
prevailing that is mere surplusage,
for they have never been decided un-
lawful, and must be presumed to be
lawful until otherwise declared
First the section prohibits the charg-
ing Of more for a long haul than for
short haul; then proviso allows the
Interstate Commerce Commission to
allow precisely the reverse, which may
be Just as the rates are established
now; next, the present rates are TO
continue unless the Interstate Commerce
Commission concludes that they are un-
Just or unduly discriminating, and
whether they are or not they must pre-
vail for six months at least. II is
easy TO see that this legislation comes
out of the same hole that il went in.
Nothing is effected by it. While os.
tensbly prohibiting the charge Of
greater rates for long haul than for
shorter one, on the same line, it tacks
on two provisos which practically nulli-
fy that prohibition.
And that is the sort Of protection to
the west that a cackle is raised about
as Smoot doing some great thing, The
whole matter is too silly and absurd for
anything. There is not bit of sense
liz passing the law in that form, for
nothing more could be done under it
if passed than can be done under the
law as it stands now
The section as passed by the House
would also seem TO be susceptible of
evasion. 1t confirms the prohibition of
charging more for a long haul than for
short haul over "the same line and
route in the same direction, the short.
er being included within the longer
distance. But could not this be got
around by changing Of lines and
new way-billsl But whether the ,prohi.
bition as passed by the House could be
evaded or not, il will not be in the
least necessary to seek for any means
of evasion under the bill as it stands,
because the Senate provisos effective
ly kill the whole prohibition, and leave
everything in this matter precisely as