The daily sentinel., 1910-01-07

the Sherman, antitrust law any
agreement between carriers operating
in restraint of interstate or interna-
tional trade or commerce would be
unlawful. The republican platform
of 1908 expressed the belief that the
interstate commerce law should be
further amended so as to give the
railroads the right to make and pub
lish tariff agreements subject to the
approval of the commission, but
maintaining always the principle of
competition between naturally COM
peting lines and avoiding the com
mon control of such lines by any
means whatsoever.
In view of the complete control
over rate making and other practices
of interstate carriers established by
the acts of congress and as recon-
mended in this communication, | see
no reason why agreements between
carriers subject to the act, specifying
the classifications of freight and the
rates. fares and charges for trans
portation of passengers and freight
which they may agree to establish
should not be permitted; provided.
copies of such agreements be prompt
iy filed with the commission. but sub
.
terstate commerce act and subject to
the right of any parties to such agree
ment to cancel it as to all or any of
the agreed rates, fares, charges or
classifications by 80 days notice in
writing to the other parties and TO
the commission.
Much complaint is made by ship
pers over the state of the law under
which they are held bound to know
the legal rate applicable to any pro-
posed shipments, who. without. as n
matter of fact. having any certain
means of actually ascertaining sucn
rate. IL has been suggested that. to
meet this grievance, carriers should
be required. upon application by 4
shipper, to quote the legal rate in
writing, and that the shipper should
be protected in acting upon the rate
thus quoted: but the objection to this
suggestion is that it would afford
much too easy method of giving to
favored shippers unreasonable prefer
ences and rebates.
| think that the law should pro-
vide that a carrier. upon written re-
quest by an intending shipper, should
quote in writing the rate or charge
applicable to the proposed shipment
which carrier is party, and that, If
the party making such request suf-
fer damage in consequence of either
refusal or omission to quote the pro-
per rate, or in consequence of mis-
statement of the rate. the carrier
shall be liable to a penalty in some
reasonable amount say. s250-to
accrue tc the United States and to
be recovered in a civil action brought
by the appropriate district attorney.
Such penalty would compel the agent
of the carrier to exercise due dill
gence in quoting the applicable legal
rate, and would thus afford the ship
per a real measure of protection
while not opening the way to collu-
sion and the giving of rebates or 9TH
er unfair discrimination.
Under the existing law. the COM
mission can only act with respect to
an alleged excessive rate or unduly
discriminatory practice by a carrier
on complaint made by some individ
ual affected thereby, | see no rea
son why the commission should not
he authorized to act on its own initia
tive as well as upon the complaint OF
an individual in investigating the
fairness OF any existing rate or prac
tice; and / recommend the amend
ment of the law to so provide; and
also that the commission shall be
fully empowered beyond any question
10 pass upon the classifications of
commodities for purposes of fixing
rates, in like manner as it may now
do with respect to the maximum rate
applicable to any transportation.
Under the existing law the com
mission may not investigate an in
crease in rates until after IL shall
have become effective; and, although
one or more carriers may file with
the commission a proposed increase
in rates or change in classifications,
or other alterations of the existing
rates or classifications, to become eff
feetive at the expiration OF 30 days
from such filing, no. proceeding can
be taken to investigate the reasona
bleness of such proposed change until
after 1t becomes operative. On the
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