The Washington herald., 1911-12-21

! the Interstate Commerce Commission,
made public yesterday, devotes consid-
erable space to the Commerce Court,
! recently created by Congress. 1t is
evident the commission believes its ef-
| fectiveness will be materially lessened
! II the Supreme Court sustains the
! Commerce Court in several decisions
which have been made by the latter.
The commission is particularly arous-
| ed over the position assumed by the
| court in reference to facts in proceed
! ings brought before the commission,
| The report states that 'if the Com
merce Court is correct in stating where
! the facts are admitted 1t is for that
| court to determine whether the rate is
unreasonable or the discrimination un-
! due, then ninety-nine one hundredths
of the orders OF this commission can
| be reviewed upon the question of facts
| by the courts"
The commission says that out OF twenty
| seven cases passed on by the Commerce
Court, preliminary restraining orders or
/ final DEGREES have been issued in favor
of the railroad in all but seven cases,
and OF these only three of any magnitude.
The report then continues:
Adverse to Shippers.
In saying that the court has ruled in
! favor OF the railroads, We do not mean
that the ruling has always been adverse
to the commission, but it has been ad>
! verse to the shippers contention. For
instance. :he court decided in favor OF the
commission in the two Cincinnati rate
cases. These were proceedings in which
, the shippers of Cincinnati sought to
| have the commission ordered to reopen
| the case and fix a lower scale of rates
! to Chattanooga than had been ordered, on
4 49,
commission were unreasonably high and
| had been based upon considerations
which the commission should not have
regarded. namely. competition from the
East and West. In these cases the court
held that it had no right to review the
findings OF the commission
Concerning the commissions decision
in connection with the long and short
haul section of the act, and the rates
1t prescribed in the intermountain cases,
the commission again calls attention to
the difference of opinion between it and
the court. as follows:
Short Haul Comment.
Now who is to say whether the rate
made to San Francisco is or is not prop
erly induced by water competition at
that point? Who shall determine
whether the transcontnental rail line is,
upon the pretext Of water competition,
giving to the termina' point a rate be-
low what its natural position would en-
title it, and thereby discriminating
against the intermediate city of Reno?
The Commerce Court is of the opinion
that no restraint can be put upon the limit
to which this discrimination can go: the
commission is of the opinion that Con-
gress has endeavored to invest this body
with authority to inquire whether the
action OF the railway in meeting this
water competition is justifiable"
Citing as an instance of some of the
rates which it sought to correct. the
commission states that upon a carload
of books originating at Chicago. the
Northern Pacific Railroad received for
its haul from St. Paul to Spokane, a dis
tance of 800 miles, $S55, but had the
same car gone to Seattle. involving an
additional haul OF One-quarter in distance
over the most expensive part of the entire
TCute, the receipts of the Northern Pa
cifiC would have been $500.
The report says that one of the most
important additions to the authority Of
the Mann Elkins act of 1910 Is that con-
ferred to suspend the operation of pro-
l.Csed changes in rate schedules until the
PTopriety and reasOnableneSs thereof may
be investigated.
Would Broaden Scope of Law.
In accordance with legal require
ments, the report contains recommenda-
tions as to additional legislation which
the commission deems necessary to the
regulation of commerce. These recon-
mendations. seven in number are as fol-
| lows:
! That section Of the act he amended TO
! QUre telephone. telegraph. and cable companies
to publish. file. and post tariffs. and to empower
/ the commission to reject and refuse to file any
schedule rendered for filing which has the effect
Of exceeding the number Of supplements or the vol
I umr Of supplemental matter permitted under the
I commissions tariff Tgulations
. To make the Elkins act applicable to tele-
phone, telegraph. and cable companies.
). That the stimulus OF requirement be applied
to the Iongdelayed progress toward the adoption
OF uniform classification.
To provide additional safeguards in railroad
/ transportation for employees and the public: (a)
BY standsriZa Of operating rules Of all inter
state carriers: ID by requiring the adoption OF
steel postal. baggage. and passenger: (cl by
amending the hours Of service law. making clear
the prnTso in section Of the act: ID by leEisla
ton requiring the of the block signal system.
s. That the commission be relieved of the juris-
dCtion Of the physical operation Of street railways
in the District Of Columbia
e. To provide for the regulation and control Of
capitalization and suitable provisions for the Eaua-
tiou Of railway property.
= The construction Of an adequate and suitable
Office building for the use Of the commission
District Railway Regulation.
In renewing the recommendation that
1t be relieved from regulation of the
street railway traffic in this District the
commission says:
The commission still is OF the opinion
that for effective. and adeQuat>, regula-
tion OF street railways in the District of
Columbia, and their services performed
wholly within the District, the law
should he amended in such manner as to
more definitely specify the requirements
upon the carriers and the authority of
such agency of the government as shall
be charged with its enforcement, and
that this agency should be some tri-
bunal other than the Interstate Com
merce Commission"