The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1911-02-22
Commerce Boards Ruling, If
Sharp, Will Have Great
Effect on Market.
WILL PROBABLY BE
CARRIERS VICTORY
Compromise Expected, With Sub
stantial Increases Allowed,
Dodging Big Question.
By JUDSON c. WELLIVER.


With the Interstate Commerce Com
mission on the verge of issuing the
most important decision, or set of de-
cisions, N its history, an atmosphere
of the blankest mystery perVades the
headquarters of the commission.
The utmost effort is being made to
prevent any leak, and some of the
efforts of commissioners t. keep the
secret have VerEed On The humorous
Some of the commissioners have denied
themselves to callers, and everybody
who mas ventured casually to mention
The forthcoming decisions has been re-
garded as if he were under suspicion,
as a Japanese spy or a public enemy.
The commissions concern to keep the
decision secret is natural, in view of
the fact that the forthcoming pro-
nouncement is expected TO have con-
siderable market effect.
Rivals Trust Decisions.
Indeed, if it proves a sharply delimit-
ed decision on one side or the other, in
Guiding a presentation of broad funda-
mentals indicating the probable course
of the decision in future, it may even
have as much effect as the forthcoming
decisions of the Supreme Court in the
Tobacco trust and the Standard OIL
cases.
fair statement of opinion about the
coming decisions on the applications of
the railroads to increase their rates
throughout a large part of the country
is this:
The personnel of the commission at
present is regarded as hostile to estab-
fishing precedent Of allowing advances
with q showing of
their necessity.
The commission recognizes that as be-
tween two competing roads, a weak and |
a strong the weaker might make a very |
satisfactory case in favor OF increasing !
its rates, while the stronger might be |
unable to show that it, needed the in !
creased revenue. Yet both must, under !
competitive conditions, make the same |
rates. In such a case compromise |
seems to be the only possible decision.
Outside influences political especially, !
are reported to have been at work in |
the effort to induce the commission to |
make a decision not unfriendly to the
railroads. Some of the commissioners
have within recent weeks resented et-
forts to impress them with political con-
sderations.
Scant Appeal for Shippers.
Construction of the reorganzed rail-
road law, including the Court Of Com
merce statute, seems to indicate that
in case of a decision adverse to the
companies. they have an appeal; but If
the decision is against the shippers, IL !
is very doubtful If they have any APP
peal.
In regard to appeals. the carrier, e
defeated by the commission, may take
his case to the COmmerC" Court II 1t
decides against him, he may appeal on
constitutional grounds to the Supreme !
Court. In both appeals, as the law has now
been construed, the question VIII relate
Il
of law. The carrier thus gets three
chances; the shipper. apparently, only
one; for no method is provided for the
shipper appealing on the ground that. his
constitutional rights have been invaded,
or that his property is about to be
taken without due process of law.
In view of the poorer chance Of the
shipper. the argument has been ad-
NanCed that the commission ought to
favor him so far as possible, and let
him press his appeals if the ConstruC-
ton has been too rigid In opposition TO
him.
In view of all the considerations and
influences that have weighed in the
matter, the commission is expected to
bring in a compromise decision, not en-
tirely satisfactory to either side. but
likely to be regarded as a substantial
victory for the railroads.
Substantial Increase for Roads. {
They are not expected to get all they i
asked, by any means; out the Shippers :
insist that they asked more than they !
expected, in order that they could lose :
and still make a substantial
In the Southeastern cases, :
from a territory where the railroads
are poor, it is thought the roads will
be given the largest benefit of their
increases
The commissioners have been trying
TO reach a unanimous decision, and this
has delayed action. 1t is regarded as {
doubtful whether unanimous action will
be possible at any time. One thing is [
now generally expected: that the de- {
cision will be so framed that the rail- :
roads will not be put in the position of
being definitely and conClusively beaten. :
The commission is not expected to |
decide in a way that will freeze stiff the q
whole present fabric of rates. Rather,
ii is thought more likely that the COM
mission will leave the question of par
ticular rates so far open that particular
rates may hereafter be made subject of ! Y
detailed Inquiries and decided on the
merits as then developed. BY such de- {
cson the commission could easily | q
dodge the big question. and break the :.
force of a sharp decision either way.