Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-06-26
INQUIRY IS ORDERED
/. INTO FREIGHT RATES
Investigation of Increase by
Eastern Railroads to Be
Made by |. c. c.
THREE COMMISSIONERS
DISSENT FROM OPINION
Clements, McChord and Marble
Hold Body Is Without Authority
to Act at This Time.

An amended order in lieu of that re-
sclnded last Saturday, was issued today
by the interstate commerce commission
for an investigation into an increase OF
freight rates by the eastern railroads. 1t
differs in phraseology, but not in princi-
pie, from that rescinded
The decision to investigate was reached
by a bare majority, three of the body.
commissioners Clements, McChord and
Marble, dissenting. Each dissenter wrote
a brief opinion, holding. in the main
that the commission, having nothing con-
crete before it, was without authority to
establish minimum rates.
In connection wi n the issuance of the
order, the commission makes two
observations:
Observations in the Order.
"First-The fact that we have decided
further to investigate this subject must
not be taken as an intimation that the
commission has reached the conclusion
that revenues are inadequate. or that
rates should be advanced. Upon this
question no opinion has been formed.
"Second-Yhat the statute gives to any
party the right to attack by complaint
any rate, and no general conclusion
which the commission may reach and
announce in this investigation can at
feet that right"
In the preface to it's order the COM
mission says that being of the opinion
from a consideration of the allegations
of the petition that the need of and
justification for additional revenue
should be at the present time further
examined, an inquiry is ordered into
these points:
do the present rates of transportation
yield adequate revenues to common car
riers by railroads operating in official
classification territory?
IF not. what general course may car
riers pursue to meet the situation?'
Views of Commissioner Clements.
In dissenting from the decision Of the
majority to make the investigation, Com
missioner Clements said:
Nowhere in the law is the commits
sion authorized to fix absolute or mini
mum rates 1t is authorized to suspend
pending investigation rates proposed by
the carriers, before they become effect
i've only when such proposed rates have
been filed pursuant to the requirements
of section of the act the provisions of
which demand specific statement of the
rates proposed.
1T Is not contended that upon a gen.
eral inquiry by the commission such as
is here instituted. it could enter an order
requiring or authorizing an increase OF
rates; yet this is a proceeding for the
avowed purpose. among other things, of
inquiring whether the present rates OF
the carriers afford adequate revenue In
my view. any expression of opinion on
this question, following a general inquiry
of this kind, not based upon specifically
proposed rates filed according to law, in
volved a determination Of some of the
most fundamental and important ques-
tons respecting the reasonableness of
rates not before us, and contemplates
the possibility of giving some sort of
general sanction to advanced rates to be
hereafter filed by the carriers
Commissioner Marble could not agree
that the investigation should be made
prior to the formal filing Of the proposed
rates