Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-01-08

BISMARCK DAILY TRIBUNE.
Justice; and l therefore recommend
that all proceedings affecting orders
and dearees Of the Interstate Com
MERGE Commission be brought by OF
against the United States 60 Nomine
and be placed in charge of an assist.
ant attorney general acting under the
direction of the attorney general.
Republican Platform Pledges.
The subject of agreements between
carriers with respect to rates has been
often discussed in congress. Pooling
arrangements and agreements we're
condemned by the general sentiment
OF the people, and, under the Sherman
ANTITRUST law, an agreement between
carriers operating i'm restraint of in.
terstate Oriental trade Or commerce
would be unlawful.
+ =: :: :: I: :: :: + =: :: : :. :: :.
= The republican platform of :
:: 1908 expressed the belief that :.
I: the Interstate commerce law :
=: should be further amended SO :
(: as to give the railroads the :.
: right to make and publish traf- =
: fic agreements subject to the alo- :
:: prevail of the commission, but ::
{: maintaining always the principle =
:: of competition between natural ::
= ly competing lines and avoiding :
:. the common control of such lines ::
:: by any means whatsoever. :.
!: : : ! :: : =: :. = :: .: :. :. :. :: {:
In view of the complete control
over rate making and other practices
of Interstate carriers established by
the acts OF congress, and as recon-
mended in this communication, l see
no reason why agreements between
carriers subject to the act, specifying
the classifieations of freight and the
rates, fares, and charges for trans
portation Of passengers and freight
which they may agree to establish,
should not be permitted, providing
copies of such agreements be prompt
ly filed with the commission, but sub
ject to all the provisions of the in
terstate commerce act, and subject
to the right Of any parties to such
agreement to cancel it as to all our
any OF the agreed rates, fares, charg.
es or classification by thirty days no
tice in writing to the other parties and
to the commission.
The Question Of Rates.
Much complaint is made by ship.
'pers over the state of the law under
which they are held bound to know
the legal rate applicable to any pro
posed shipment, without, as a matter
Of fact, having any certain means of
actually ascertaining such rates. 1t
has been suggested THAT to meet this
grievance carriers should be requir-
ed, upon application by a shipper, to
quote the Legal rate in writing. and
that the shipper should be protected
in acting upon the rate thus quoted;
but the objection to his suggestion is
that it would afford a much too easy
method OF giving to favored shippers
unreasonable preferences and rebates.
I think that the law should provide
that a carrier, upon written request
by an intending shipper, should quote
in writing the rate or charge applica-
BILE to the proposed shipment under
any schedules or tariffs to which car.
rier is a party, and that If the party
making such request suffer damage
In consequence of either refusal or
commission to quote the proposed
rate, the carrier shall be liable to
a penalty in some reasonable amount,
Wy WV AUAuhSu my uOlldIo, ~ dC-
crue to the United States and to be
recovered in civil action brought
by the appropriate district attorney
Such a penalty would compel the
agent of the 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 colu
sion and the giving of rebates or
other unfair discrimination.
Under the existing law the commits
sion can only act with respect to an
alleged excessive rate or unduly dis
oriminatory practice by a carrier on
complaint made by some individual!
affected thereby. l see no reason
why the commission should not be
authorized to act on its own initiative
as well as upon the complaint of an
individual in Investigating the fair
ness of any existing rate or practice;
and | recommend the amendment of