Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1911-03-03

Washington, d. C.-The shippers
won sweeping victory in the western
and eastern railway rate cases in de-
cision handed down by the interstate
commerce commission. The railroads
are prohibited from advancing first
class rates and they are ordered to
reduce second class rates. The COM
mission shows that at the moment
when the railroads were urging a
Justification for raise they were emil
nently prosperous The decision is
unanimous. Some increases are al
lowed on southwestern roads. The
railroads will appeal to the newly
created commerce court.
The broad ground of the decision
IS that the railroads have failed to
prove justification for the proposed in
crease which, in all the territory in
7olved, would have yielded about $27.-
100000 a year. In the case involving
the western trunk line territory the
commission also refused to approve
the proposed advances in commodity
rates. The carriers in both cases are
required to cancel on or before March
10 their advanced tariffs and restore
the former rates which are those now
In effect. In the case of the railroad
commission Of Texas against the
Atchison, Topeka & Santa Fe rail-
way and other carriers, known popu-
larly as the Southwestern rate case,
the commission refused to disturb the
commodity rates of the first class
rates complained Of. The defendants
are ordered, however, to reduce to
SLIPS the second class rates, which
were increased from s1.21 to $1.29.
On remaining classes defendants are
required to restore rates in effect be-
fore increased rates were published.
The report closes with these words:
1.-THE constitution OF the United States
guarantees the carriers against the con-
fiscatlon of their property or the taking
of the same without due process of law.
Without this constitutional guaranty
which Us dlstlnctlvely Amerlcan-for here
property rights more sacredly safe
guarded than In other lands of more
mobile law-the railroads Of our country
are protected from Injury of any lasting
character by the popular consciousness
that they are essential to the Industrial
life of the people. To harm these roads
Is to inJure ourselves. Our laws do not
seek to establish dominion over private
capital for any other purpose than to
make sure against Injustice being done
the public and thereby make such capital
itself more secure. We are dealing here
with a difficult problem, involving multi.
tudInous facts and an Infinite variety oil
modifying conditions, which make the
establishment of principles and the franz
Ing of policies a matter of slow evolution
Congress has laid down few rules
These rules we are attempting to apply
1t Is not for us to say that we represent
the government and may have policy
of cur own which In any degree runs
counter to the power granted to US or the
duty Imposed upon us. The railroads may
not look to this tribunal to negative oil
modify the expressed Will OF the eglsla
ture. They have laid before US the fact:
and the law which would make for
Justification of their course In the In
creasine of rates. To our minds theIl
Justification has not been convincing. w,
shall ask the carriers to Withdraw tn,
proposed tariffs forthwith and II suct
action is not taken, the commission VII
further suspend these rates, and make ar
order directing the maintenance of pres.
ent rates for a period Of two years"