Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-01-07

ms recommended in this communi-
cation, i see no reason why agree
ments between carriers subject TO
the act, specifying the classifca-
lions of freight and the rates,
fares and charges for transporta-
tion of passengers and freight
which they may agree to establish,
should not be permitted, provided
copies OF such agreements be
promptly tiled with the commits
sion, but subject TO all the pro-
visions of the Interstate
act, and subject to the right of any
parties to such agreement to can-
eel it as to all or any of the agreed
rates, fares, charges or ciassihcn-
lions by thirty days notice In writ
ing TO the otehr 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 h legal
rate applicable to n proposed ship
ment, without, as a matter of fact.
having any certain means of actually
a~scertaining such rate. 1t has been
suggested that to meet. this grievance
carriers should be required, upon APP
p~lication by q shipper, to quote the
legal rate in writing. and that the
shipper should be protected in acting.
upon the rate thus quoted; but the OBJ
| lection to this suggestion is hat it
would afford a much too easy method
of giving to favored shippers unrea-
| sonable preferences and rebates. l
Ir.-I- 4l[a+ +hA Inxx- chntt1a fJnUfda
| that a carrier, upon written request
by an intending shipper, should quote
in writing the rate or charge apple
able to the proposed shipment under
any schedules or tariffs to which such
carrier is a party, n that II the party
making such request shall suffer dam
ages in consequence of either refusal
or omission to quote the proper rate,
or in consequence of a misstatenlent OF
the rate, the carrier shall be liable to
a penalty in some reasonable amount,
say two hundred and fifty dollars, to
accrue to the United States and to be
recovered in q civil action brought by
the appropriate district attorney. Such
q penalty would compel h agent or
the carrier to exercise due diligence
in quoting the applicable legal rate, and
would thus afford the shipper a real
measure of protection, while not open
ing the way to collision and the giving
| of rebates or other unfair discrimina-
ton.
Initiative Powers.
Under the existing law the commits
sion can only act with respect to an
alleged excessive rate or unduly dis
criminatory practise by a carrier on a
complaint made by some individual af-
fected thereby. / see nc reason why
the commission should not be author
lied to act on it's own initiative as well
as upon the complaint of an individual
in investigating the fairness of any
existing rate or practise; II | recon-
mend the amendment of the law to sc
provide; and also that the commission
shall DO fully empowered, beyond amy
question, to pass upon the classified
tons 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 commits
sion may not investigate an increase
in rates until after 1t shall have be.
come effective; and although one OF
more carriers may file with the com
mission a proposed increase in rates
or change in classifications, or Other
alteration of the existing rates OF
c-lassifications, 10 become effective az
the expiration of thirty days from suct
filing, no proceeding can be taken tc
investigate the reasonableness of sucf
proposed change until after 1t becomes
operative. On the other hand, if the
commission shall make an order find
ing that an existing rate is excessive
and directing it to be reduced, the car
rier affected may by proceedings ir
the courts stay the operation of sucf
order of reduction for months and ever
years. 1t has, therefore, been sug-
gested that the commission should bt
empowered, whenever a proposed in
crease in rates is filed, at one to enter
upon an investigation of the reason
ableness Of the increase and to make
an order ~postponing the effective date
of such increase until after such in
vestigation shall be completed. To thi:
much objection has been made on thu
part Of carriers. They contend tina
this would be, in effect, to take from
the owners Of the railroads the man
agement of thor properties and K
clothe the Interstate Commerce Com
mission with the original rate-makins
power-a policy which was much dis
cussed at the time of the passage o
the Hepburn act in 1866, n which
was then and has always been dis
tinctly rejected, and in reply TO thi
suggestion that they are able by re
sorting TO the courts to stay the takins
effect of the order OF the commission
until its reasonableness shall have beei
investigated by the courts, whereas tn
people are deprived OF n such remed'
with respect 10 action by the carriers
they point to the provision of the in
terstate commerce act providing TO
! restitution to the shippers by carriers