The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1911-12-20

whim. There can be no regulation of
rates as to discrimination or prefer
ence under such an Interpretation of
/ the law.
"The Commerce Court intimates
that the mistake of the commission
/ is in having attempted to fix a rela
/ tion of rates instead of establishn
reasonable rates; but, as We have al
/ ready pointed out, there is no way in
which the discrimination found to
exist in these tariffs can be prevent
ed except by fixing differential,
since We have no power to establish an
/ absolute rate or fix a minimum
charge below which the carrier is
not free to go.
| we feel strongly that water com
! petition, even when the widest reas-
enable latitude is given to the effect
OF market competition, cannot by any
possibility Justify higher rate from
Omaha to Reno than from Omaha to
! San Francisco; from st. Paul to
Spokane than from St. Paul to
Seattle.
Upon the other hand, it should be
noted that the opening of the Pana-
ma Canal may so add to the intensity
of this water competition as to call
for some modification of the conclu
sion now reached
The commission holds the fixing of
reasonable rates to be a legislative
function, not subject to review by the
courts. Congress, it is maintained,
has delegated that power to the com
mission, and the intimation is clear
that the courts, in the opinion of the
commission has nc power to review
such rates as NAV have been estab-
| lished through the orders of the COM
mission in the trans-continental
cases.
The report declares that during the
last year 652 cases, embodying 507
formal decisions were disposed Of
During the year SS1 formal complaints
were filed and - proceedings of in
quiry were instituted by the commits
sion on it's own initiative. In addi-
tions there were instituted 43 pro-
ceedings of investigations and suspen-
sions of tariffs containing proposed
Increases and rates; 1926 informal
complaints; 1858 claims; and 5,723
applications for relief from the opera
ton of the long short-haul provis-
ion.
At sessions of tie commission held
in Washington and elsewhere 943
hearings were held at which more
than $4,000 pages Of testimony were
taken. In the twelve months ended
November 80. 1911, 1889 tariff pub
lications were filed, an average OF
more than 400 for each working day.
An elaborate discussion Is present
ed of the work of the Division of In
quiry showing that since December /,
1910. 62 indictments for criminal vio-
lations of the act to regulate COM
merce were returned. The aggregate
of fines assessed was $214,225. Many
investigations were made that dis
closed practices not Of sufficient grav-
ity to warrant prosecution but of such
doubtful propriety that the commits
sion ordered their discontinuance. In
this connection the Commission says
significantly:
1T becomes increasingly evident
that entire freedom from discrimina
tion can be secured only by a Som-
plete separation of the business of
| transportation from every form Of
commercial and industrial enter
prises."
| In conclusion the commission rec
ommends that the law be amended so
as to require telephones, telegraph
and cable companies to publish. file
and post their interstate tariffs; to
make the Elkins act applicable to
such companies; that transportation
companies be required to adopt a sys-
tenn of uniform classification of
freight; to provide additional safe
guards in railroad transportation f2r
employees and the public; to relieve
the commission of the jurisdiction Of
the street railways of the District of
Columbia; to provide for the regula-
tion and control of capitalization and
suitable provisions for the valuation
of railway property; and that a suit
able building be provided for the use
of the commission.
BEFORE BUYING XMAS GIFTS
VISIT THE CHINA ROOM AT THE
NEW STATE HARDWARE & HAIR