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

De neld at the capital, but II should
be empowered to hold sessions in diff
ferent parts of the United States if
found desirable: and its orders and
judgments should be made final, SUBJ
5ect 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 en-
powered in its discretion to restrain or
suspend the operation of an order of the
interstate commerce commission under
review pending the final hearing and
determination of the proceeding. but no
such restraining order should be made
except upon notice and after hearing,
unless in cases where irreparable dam
age would otherwise ensue to the pc
titioner. A Judge of that court might
be empowered to allow stay OF the
commissions order for a period of not
more than 60 days. but pending appH-
cation to the court for its order or in
junction, then only where his order
shall contain a specific finding based
upon evidence submitted to the judge
making the order and identified by
reference thereto, that such irreparabIe
damage would result to the petitioner,
specifying the nature Of the damage.
Efficiency Impaired.
Under the existing law the interstate
commerce commission itself initiates
and defends litigation in the courts for
the enforcement or in the defense, OF
its orders and DEGREES, and for this pur-
nose 1t employs attorneys who, while
subject to the control of the attorney
general, act upon the initiative and I'M
der the instructions of the commission.
This blending Of administrative legls-
latiVe, ana judicial functions TENDS, IN
my opinion, to impair the efficiency of
the commission by clothing it with
partisan characteristics and robbing 1t
of the impartial judicial attitude IT
should occupy in passing Upon QueS-
tions submitted to it. In my opinion
all litigation affecting the government
should be under the direct control OF
the department of justice: and L tnere-
fore recommend that all proceedings
affecting orders and DEGREES Of the in
terstate commerce commission pc
brought by or against the United states
Eo uomine, and be placed in charge or an
assistant attorney general acting I'M
der the direction of the attorney gen
eral.
carriers with respect to rates has
been often discussed in congress.
Pooling arrangements ana agree
ments were condemned by the gener-
al sentiment of the people, and, I'M
der the Sherman antitrust law any
agreement between carriers operating
in restraint of interstate or interna-
tional trade or commerce would De
unlawful. The Republican platform
of 1903 expressed the belief that the
Interstate commerce law should be
further amended so as to give the
railroads the right to make ana pup
lish traffic agreements subject to the
approval of the commission. but main
tanning always the principle of COM
petition between naturally compet-
ing lines and avoiding the common
control of such lines by any means
whatsoever
Control Over Rate Making.
In view of the complete control
over rate making and other pract1ces
of interstate carriers established by
the acts of congress and as recon-
1nended in this communication l
saw no reason why agreements be-
tween carriers subject to the act,
specifying the classifcations of
freigft and the rates, fares, and
charges for transportation Of passen-
gers and freight which they may
agree to establish, should not be per-
mitted, provided, copies OF sucn
agreements be promptly filed with
the commission, but subject to all the
provisions of the interstate commerce
act, and subject to the right OF any
parties to such agreement to cancer II
as to all or any of the agreed rates.
fares, charges, OF classifications Dy
thirty 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
che legal rate applicable to any pro-
posed shipment, without as matter
of fact having any certain means OF
actually ascertaining such rate. IL
has been suggested that to meet this
grievance carriers should be required,
upon application by shipper, to
quote the legal rate in writing, ana
that the shipper should be protected
IN acting upon the rate thus quotea'
but the objection to this suggestion
A. that it would afford a much too
EASY method of giving to favored
shippers unreasonable preferences 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
under any schedules or tarHs o
which carrier is a party. and, that. II
the party making such request suner
damage in consequence or either re-
ft1sal or admission to quote the prop
Ar rate, or in consequence of mis-
statement of the rate, the carrier
shall be liable to a penalty In some
Veasonable amount, say two hundred
end flffv dollars. to accrue to the
United States and to be recovered IN
a civil action brought by the appro-
priate district attorney. Such a PEN
atty would compel the agent OF the ne
carrier to exercise due diligence IN
quoting the applicable legal rate. and
would thus AFFORD the shipper real
measure of protection. while not
opening the way to collision and the
giving of rebates or other UNFAIR DIS
elimination.
Commission Is Hampered.
finder the existing law the commits
sion can only act with respect to an al
legged rate or unduly discriminatory
practice by a carrier on a complaint
made by some individual anectee
4Tefshv- + see no reason why the com
mission should not be authorized to ac
on its own initiative as well as upor
the complaint of an individual in in