Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1910-01-07
tContinued from Page One.)


merce law are authorized to be main
tanned in a circuit court of the United
States.
In order to provide a SUFFICIENT num-
Der of judges to enable this court to
be constituted it will be necessary to
authorize the appointment of five ad-
ditional circuit judges. Annual com
pensation of $4,000 should be pro-
vided.
Review by the Supreme Court.
The regular sessions of such court
should be held at the capitol, but 1t
should be empowered TO hold sessions
in different parts of the United States.
II found desirable, and its orders and
judgments should be made final sub
ject only to review by the supreme
court of the United States, with the
provision that the operation Of the de-
cree appealed from shall not be stayed,
unless the supreme court shall so or
der. The commerce court should be
empowered in its discretion to re-
strain or suspend the operation of an
order of the interstate commerce COM
mission under review pending the fl
nal hearing and determination of the
proceeding, but no such restricting or
der should be made except upon notice
and after hearing, unless cases where
irreparabIe damage would otherwise
ensue to the petitioner. A judge of
that court might be empowered to al
law a stay, Of the commissions order
for a period of not more than sixty
days, but pending application to the
court for its order or Injunction, then
only where his order shall contain a
specific finding based upon evidence
submitted TO the judge making the or
der and identified by reference there
to, that such frreparable damage
would result to the petitioner, specify
ing the nature of the damage.
Under the existing law the interstate
commerce commission itself initiates
and defends litigation in the courts Of
the enforcement or in the defense ot
its orders. and DEGREES, but in my
opinion all litigation affecting the gov.
eminent should be under the direct
control of the department of justice.
Agreement on Rates.
The subject of agreements between
carriers with respect to rates has been
often discussed in congress. Pooling
al dld oeoLCChAChtS NCAO
condemned by the general sentiment
of the people, and under the Sherman
ANTITRUST law any agreement between
carriers operating in restraint of in
terstate or international trade or com
MERGE would be unlawful. I see no
reason why agreements between car
riers subject to act specifying the
classi6cations Of freight and the rates,
fares and charges for transportation
of passengers and freight which they
may agree to establish should not be
permitted, provided copies of such
agreements should be promptly fled
with commission, but subject to all the
provisions of the interstate commerce
act and subject to the right of any
parties to such agreement to cancel it
as to all or any of the agreed rates,
fares charges or classifications by
thirty days notice in writing to the
other parties and to the commission.
Much complaint is made by shippers
over the state of the law under which
they are held bound to know the legal
rate applicable to any. proposed ship
ment without, as a mater Of fact, hav-
ing any certain means of actually as
certaining such rate. I think that the
law should provide that a carrier. up
on written request by an intending
shipper, should quote in writing the
rate or charge applicable to the pro
posed shipment under any schedules
or tariffs to which such carrier is a
party and that if the party making
such request shall suffer damage in
consequence of either refusal or omis-
sion to quote the proper rate or in con-
sequence of a misstatement of the rate
the carrier shall be liable to a penalty
in some reasonable amount, say $3.50,
to accure to the United States, and to
be recovered in a civil action brought
by the appropriate district attorney.
Under the existing law the commits
sion can act only with respect to an
alleged excessive rate or unduly dis
criminatory practice by a carrier on
a complaint made by some individual
affected thereby I see no reason
why the commission should not be au-
thorized to act on its own initiative as
well as upon the complaint of any in
dividual. and also, that the commission
shall be fully empowered beyond any
question to pass upon the classified
lions of commodities for purposes of
fixing rates, in like manner as 1t may
now do with respect TO the maximum
rate to any transportation.
Public Pays Increased Rates
Under the existing Jaw the commits !
sion may not Investigate an increase |
in rates until after it shall have be- |
come effective. On the other hand, If !
the commission shall make an order |
finding that an existing rate is exces-
sive and directing it to be reduced the /
carrier affected may by proceedings in /
the courts stay the operation of such |
order of reduction for months and I
even years. 1t has, therefore. been /
that the commission should /
be empowered, whenever a proposed !
increase in rates is filed, at once to en-
ter upon an investigation of the rea-
of the increase and to /
make an order postponing the effective
n afa Of cucb Increase until after Suph |