Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-03-31
LAWMAKERS PLAN TO OVERCOME
hANplcAPs THROWN ABOUT
COMMISSION.
RECENT COURT DECISION
cR,PPLEs ITS USEFULNESS
Railway Board Bound by Technical
Rules and Usefulness Impaired
Legislation to Change Conditions 70
Rs Pushed With vigo-Found OF
Information Unavailable.
Especial Correspondence

washington, March 31.-lmportant
legislation to strengthen the hands Oh
the interstate commerce commission
will be proposed in congress at an carry
date. CONGRESSMAN Sims, of Tennes
see. is now working on Dill, aiohs
with other able interstate commerce
lawyers, to overcome decision OIL INV
s,nreme court some weeks ago the ell
feet of which was seriously to grippe
tho commission The decision, whlch
was little noticed at the time, except
by the officials of the commission anu
railroad lawyers, was IN LoulsVii'e
and Nashville case and was nahoeo
down by Justice Lamar. The essence
of it was that in deciding rate con
troyersy Or question the COMMISSION
must confine itself to the record IN '''e
particular case before 1t and couio hol
draw on such other information d"
might be in its possession.
Inasmuch as the commission nos
heen aft work for a generation IN the
particular business Of ACCOMMODATING IA
formation as to the whole railroad sit-
nation in the United States ana aS
much of the information sathereo III
one case has a distinct bearing On
other cases. it was felt when TINS oe-
cision was given that it was no hght
matter The more the attorneys lor
the commission have studied II the
more they have concluded IT was
hody blow. The same feeling opta'"s
in interstate commerce commlttee
circles in the house and senate. NICE
legal questions are raised IN conhee-
ton with it and with reference 10 the
nroblem of how to legislate SO as W
overcome the decision.
Bound by Technical Rule.
II is perfectly clear to men hhe
Chairman Adamson. Of the house com
mittee on interstate commerce. Juuse
Sims and other men on the mouse "ho
senate committees on interstate com
merce that if the commission IS 10 NC
of that real usefulness which congress
contemplates it must not pc pouii1
down by any such technical rule as tne
supreme court imposed IN the ea',e
decided by Justice Lamar put thal u
must be enabled to apply 10 the re-
controversies that come before IL It's
vast general knowledge of rate sltua-
tions the country over. The Legislation
Judge Sims will propose VIII ne M
tended to enable it to do this. III VIII
provide in substance that In decloihs
the reasonableness of any rate, reguia-
tion or practice Of railroad. the com
mission may utilize any Information
in it's possession.
This instance of need of legislation 10
strengthen the hands of the commas
sion has called attention to the mum
her of times since it was created that
the commission has been crippled hS
court decisions. 1t has been per-
petual fight to keep the authority Oh
the commission up to the notch where
it would be useful to the pupilc. NO
less than nineteen times, court ue-
cisions have struck hard at the au-
thority Of the commission. In turn,
congress has come to the rescue ana
backed up the commission. In recent
wears congress has shown clearly that
there is one body in the government
which it does not propose to see shorh
of power This is the interstate conf
merce commission. Without much
doubt the bill Judge Sims VIII pro-
pose will be enacted.