Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-03-03
CITE BILLS FAULTS
Minority Report by Senators
Cummins and CIapp.
TERM 1T STEP BACKWARD
Would Make Railroad Regulation
Less Effective Than Now.
COMMERCE COURT OPPOSED
Dissenting Senators Declare Admin
istration Measure Strips Inter-
state Commission.
TERM IT STEP BACKWARD
COMMERCE COURT OPPOSED

Senate today Senators Cummins and
Clapp vigorously arraign the administra-
ton interstate commerce bill, declaring
il to be a step backward in railroad legis-
laton.
The report says, at the start;
They Senators Cummins and Clapp)
are of the opinion that the bill as re-.
ported by the committee, while 1t has
some excellent provisions. is, as a whole,
not an advance in the regulation of in
terstate commerce, but a long step back
ward, and the effect of the bill, if 1t
becomes law. will not be to further
restrain the power of common carriers,
but to seriously impair the efficiency of
existing statutes. 1t furnishes common
carriers new weapons, and it weakens
rather than strengthens those heretofore
given to the people for their defense"
The two senators declare that the
court Of commerce, proposed to be ere
ated by the bill, and the expenditure 1t
involves, "are wholly unnecessary" The
argument that it will insure uniformity
of decisions. it is stated, is without
merit, because the final arbiter is the
United States Supreme Court, as at pres
ent 1t Is also pronounced fundamentally
wrong to create court whose sole
work will be the trial of railroad cases.
Without charging upon the subject,
the report states, I'VE merely remind
the Senate of the tremendous influences
that will invariably surround the Sc
lection of such tribunal.
Limit Members to Three.
II the court Of commerce is to be es-
tablshed, the minority report recon-
mends that it have only three members.
That number, it is declared, will be suffi-
Gent to handle all the business. The
two senators also want different def.
The most Objectionable and harmful
feature of the bill under consider ation,"
continues the report, lis found in the de-
parture from the existing method of de-
Tending suits brought by common car
riers TO set aside, annul, enjoin or sus-
pend the orders and requirements of the
interstate commerce) commission" After
pointing out that the defense of the or
ders of the commission is taken out OF
the hands of the legal force of the COM
mission and placed in the hands of the
Department of Justice. the report con-
tinues:
1T is our deliberate judgment that this
transfer of responsibility and power will
destroy in large measure the efficiency of
the interstate commerce law; and We
look upon it as the most serious blow
that could be dealt to those who must
from time to time ask their government
for relief from the injustice inflicted by
railway companies and other common
carriers
The Department of Justice officials, it is
pointed out, will practically have the
power of passing upon the orders of the
commission. The senators also, recon-
mend that the parties in interest before
the commission should be granted the
absolute right to appear in any suit
brought to set aside the order which the
parties have procured from the interstate
commerce commission.
Regarding the provisions of the bill re-
lating to traffic agreements between rail-
| mil
Trims Commissions Power.
Section of the bill repeats the anti
trust law, with respect to agreements be-
tween common carriers specifying the
classfications of freight and the rates.
fares, charges for transportation of pas
sengers and freight, and expressly legal
ICES them. The only power reserved to
the commission upon the subject Is that
1t may change the rates, fares, charges or
classiflcations after hearing, exactly as 1t
may change any rates, fares, charges or
cassicatiOns put into effect by individual
carriers 1t is obvious that this provision
will destroy the last vestige of competition
between carriers to rates. 1t is only
necessary to observe. all the railways of
the country in single meeting consulting
about rates and with the power to agree
upon them to understand that this amend
ment to the law would result In the sur
the railways which can afford to put in
low rates. The inevitable consequence
must be an increase in rates."
Senators Cummins and Clapp also do
not like the provisions giving the COM
mission power to suspend new rates. The
BILL as reported, allows suspension for
sixty days.
I'VE fear that the limitation will nullify
the object sought to be accomplished" the
senators say, because it is admitted that
it would be impossible for the commission
to make the proper investigation of the
large number of changes that will be
made within the time SO fixed"
Condemn Consolidation Plan.
The provision of the bill relating to the
consolidation of competing lines of rail-
roads are particularly condemned by Sen
ators Cummins and Clapp.
Section IL of the bill as reported by
the committee they say, begins with
the laudable attempt to prevent the con-
solida ton or combination of railway lines
which directly and substantially COM
pete with each other, but before 1t reaches
its end it not only nullifies the prohibit
fj0O with which IT started ont INIT acfu-