El Paso herald. (El Paso, Tex.) 1901-1931, 1911-12-20

elimination found to exist in these tar
ifs can be prevented except by fixing
a differential, since we have no power
to establish an absolute rate or fix a
minimum charge below which the car
rier is not free TO 60
We feel strongly that water compe-
tition, even when the widest reason
able latitude is given to the erect OF
sibility justify a higher rate from ON
aha to Reno than from Omaha to san
Francisco; from St. Paul to Spokane
than from St Paul to Seattle
Upon the other hand ii should be
noted that the opening OF the Panama
canal may so add to the intensity Of
this water competition as to call for
some modification Of the conclusion
now reached"
The commission holds the fixing Of
reasonable rates to be a legislative func-
ton, not subject to review by the
courts. Congress, it is maintained, has
delegated that power to the commission.
and the intimatiOn is clear that the
courts, in the opinion Of the commission
has no power TO review such rates s
may have been established through the
orders Of the commission in the trans
continental cases
COmmisElOn's Hearings.
The report declares that during the
last year $50 cases, embOdying 507 for
nal decisions were disposed of. Dur
filed and II proceedings Of inquiry
were Instituted by the commission on its
own initiative In addition there were
instituted 43 proceedings Of inVestiga-
lions ana suspensions Of tariffs contain
ing proposed increases and rates; 1925
informal complaints, 565S claims and
1923 applications for relief from the
operation Of the long and short haul
provision.
At sessions Of the commission held in
q
were held at which more than $4,000
pages of testimony were taken In the
u months ended November 80, 1911,
121, S29 tariff publications were filed,
an average of more than 400 for each
working day.
Division of Inquiry.
An elaborate discussion is presented
of the work of the division of inquiry
showing that since December /, 1910, 50
indictments for criminal violations OF
the act to regulate commerce were re-
turned The aggregate Of fines assessed
was s214.225. Many Investigations were
made that disclosed practices not OF
sufficient gravity to warrant prosecu-
ton, but Of such doubtful prOpriety that
the commission ordered their discOntin-
uance. In this connection the COM
mission says significantly:
1T becomes increasingly evident that
entire freedom from discrimination can
be secured only by a complete separa.-
ton Of the business Of transportation
from every form OF commercial or in
dustrial enterprises"
Suggests Amending Law.
In conclusion the commission recon-
mends that the law be amended so as
to require telephone, telegraph and
Gale companies to publish, file and post
their interstate tariffs; to make the
Elkns act applicable to such cOmpa-
MES; that transportation companies be
required to adopt system of uniform
classification of freight; to provide
additional safeguards in railroad
transportation for employees and the
public: to relieve the commission Of
the Jurisdiction Of the street railways
of the District of Columbia; to pro-
vide for the regulation and control OF
Capitalization and suitable provisions
for the valuation of railway property;
and that a suitable building be pro-
vided for the use Of the commission.