The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-01-07

operation of such order of reduction
for months and even years.
It has, therefore, been suggested that
the commission should be empowered
whenever a proposed increase In rates
is filed, at once to enter upon. an IN
Testigation of the reasonableness or the
increase and to make an order postpon-
ing the effective date Of such increase
until after such investigation shall be
completed. To this much objection has
been made on the part of carriers.
Contention. of the Carriers.
They contend that this would be, in
effect to take from the owners OF the
railroads, the management OF their
properties, and to clothe the interstate
commerce commission with the original
rate making power-a policy which was
much discussed at the time of the pas
sage Of the Hepburn act in 1905-06,
which was then and has 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
order OF the commission until its rea-
sonableness shall have been investi-
gated by the courts, whereas the people
are deprived of any such remedy with
respect to action by the carriers, they
point to the provision Of the Interstate
commerce act providing for restitution
to the shippers by carriers of excessive
rates charged in cases here the order
OF the commission reducing such rates
are affirmed. 1t may be doubted how
effective this remedy is.
Experience has shown that many,
perhaps most, shippers do not resort
to proceedings to recover the excess
sive 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 en-
HANGED the price thereof to their Gus
toners, and that the public in effect
has paid the bill. On the other hand,
the enormous volume of transporta-
ton charges, the great number of sep
arate tariffs filed annually with the
amounting to almost 100000, and the
1mpossibility of any Commission super
v1sing, the making of tariffs in adj
vance of their becoming effective on
every transportation line within the
United States to the extent that would
be necessary If their active concur
renee were required in the making of
every tariff, has satisfied me that this
power, If granted, should be conferred
In very limited and restricted form.
New Power for Commission.
1 therefore recommend that the in
terState commerce commission be en-
powered whenever any proposed in
crease of rates is filed, at once, either
on complaint or of it's own motion, to
enter upon an investigation into the
reaSonableneSS of such change and
that it be further empowered, in its
discretion, to postpone the effective
date of such proposed increase for a
period not exceeding sixty days be-
yond the date when such rate would
take effect. If within this time it shall
determine that such increase is I'M
reasonable, 1T may then, by its order
either forbid the increase at all or fix
the maximum beyond which it shall
NOT he nQ6a nfh
at the expiration of this time, the
commission shall not have completed
its investigation, then the rate shall
take effect precisely as it would under
the existing law, and the commission
may continue its investigation with
such results as might be realized I'M
der the law as it now stands.
The claim is very earnestly adj
vanced by some large association of
shippers that shippers OF freight
route over which their shipments
should pass to destination, and in this
connection it has been urged that the
provisions of section ID of the inter-
state commerce act, which now en-
powers 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
SO as to empower the commission to
take such action, even when one ex-
listing reasonable and satisfactory
route already exists, if it be possible
to establish additional routes. This
seems to me to be reasonable pro-
vision. I know of no reason why
shipper should not have the right
to elect between two or more estab-
lished through routes to which the mi
tial carrier may be a party. and to
require his shipment to be transport
| ed to destination over such of such
routes as he may designate for that
purpose. However, in the exercise in
TINS right to such reasonable regula-
tons as the interstate commerce COM
| mission may prescribe.
...-- Platform of 1908.
The Republican platform of 1908
declared in favor of amending the
interstate commerce law, but so as to
always to maintain the principle of
| competition between naturally COM
peting lines, and avoiding, the COM
mon control of such lines by any
means whatsoever. One of the most
potent means of exercising such con-
| troll has been through the holding OF
| stock of one railroad comLany bv an
other company owning a competing
line. This Condition has grown ur
under express legislative power con-
ferred by the laws of many states
and to attempt now to suddenly tC
reverse that policy so far as it affects
the ownership Of stocks heretofore sc
acquired, would be to infiict a griev-
tous injury, not only upon the corpor-
ations affected, but upon a large body
of the investment holding public /
/ however, recommend that the Law
Fshal be amended so as to provide
that from and after the date of its
passage no railroad company subject
to the interstate commerce act shall
directly or indirectly, acquire any in
! OF purchase or lease any railroad OF
any other corporation which com
petes with it respecting business tt
which the interstate commerce ac
applies. But especially for the pro
lection of the minority stockholdert
in securing to them the best marke