The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-26
new RATE ORDER
Interstate Commerce COmmiS-
sion Orders Investigation.
Three of Seven Give Reasons
for Strong Opposition.

Washington, June 26.-An amended
order in lieu of that rescinded last
Saturday was issued today by the in
terstate commerce commission Tor an
investigation for an increase of freight
rates by the eastern roads 1t differs
in phraseology but not in principle
from that rescinded.
The decision to investigate was
reached by bare majority, three of
the commissioners, McCIements, Nc
Chord and Marble, dissenting. Each
diSSenter wrote a brief opinion holding
in the main that the commission hav-
ing nothing concrete before 1t was
without authority to establish mini
mum rates.
In connection with the issuance OF
the order, the commission makes two
observations:
First-The fact that we have decid-
ed further to investigate this subject,
must not be taken as an intimation
that the commission has reached the
conclusion that revenues are made
quate, or that rates should be advanc-
ed. Upon this question no opinion has
been formed.
Second-That the status gives to any
party the right to attack by complaint
any rate, and no general conclusion
which the commission may reach ana
announce in this investigation can af-
feet that right.
In the preface to it's order the COM
from a consideration of the allegation
of petition that the need of and justi-
fication for additional revenue should
be at the present time further eX-
plained,'' an inquiry is ordered into
these points:
Do the present rates of transporta-
ton yield adequate revenues to COM
mon carriers by railroads operating in
official classification territory?
If not, what general course may car
riers pursue to meet the situation?
In dissenting from the decision OF
the majority to make the investigations
Commissioner Clements said:
Nowhere in the law is the commits
sion authorized to fix absolute or mini
mum rates. 1t is authorized to SuS-
pend, pending investigation, rates pro-
posed by the carriers before they be-
come effective, only when such pro-
posed rates have been filed pursuant
to the requirements of section six of
the act, the provisions of which de-
mand specific statement of the rates
proposed.
''It is not contended that upon a
general inquiry by the commission such
as is here instituted, it could enter an
order requiring or authorizing an in
crease of rates; yet this is a proceed
ing for the avowed purpose, among
other things, of inquiring whether the
present rates of the carriers afford ad-
equate revenue. In my view, any eX-
preston of opinion on this question
following a general inquiry of this kind,
not based upon specifically proposed
rates filed according to law, involves
of some of the most
fundamental and important questions
respecting reasonableness of rates not
before US, and contemplates the pos
sibility of giving some sort of general
sanction to advanced rates to be here
a fter filed hV the carriers
Commissioner Clements further sug-
gests that such action would prede-
terrnine rates and preclude the shippers
from filing protests against an advance
they may regard as onerous.
This I cannot believe is within the
of the law or was in
the mind of congress when it was en-
acted" he says.
Commissioner Marble could not agree
that the investigation should be made
prior to the formal filing of the pro-
posed rates.
mo conclusion he asserts, that an
increase has been justified in any re-
spect whatever, should be reached until
after shippers have been given the
notice provided by law and so called
upon to state their views and objec-
tions. The commission has no juris-
diction to make rates in the first in
stance. to direct increases in rates,
or to approve rates in advance of poss-
ing and fling
Commissioner McChord agreed to the
general propositions as stated by Com
missioners Clements and Marble, al
though he expressed the opinion that
it was the duty of the commission to
make the investigation.
Il think said he, I'VE should brush
aside all technicalities and take ad-
of the opportunity to go into
all these matters thoroughly as to what
mission has been fully advised, is a
question reserved for future deterni-
nation. No time is fixed for the be-
ginning of the investigation but it is
understood that no formal
will be undertaken before
next autumn