New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-06-23

change which it makes is the omls-
sion Of the substantially similar cir
cumstances and conditions clause,
thereby leaving the long and snort
hail clause in sense unqualified, eX-
cept in so far as the section gives the
right 10 the carrier to apply TO the
commission for authority TO charge
less. for longer than for shorter dis
tances for the transportation Of per-
sons or property and gives the com
mission authority from time 10 time
10 prescribe the extent TO which such
designated common carrier may be re-
licyed from the operation Of this Sec
ton
From the failure to insert any word
in the amendment tending to exclude
the operation of competition as ade-
quate under proper circumstances to
justify the awarding of relief from the
long and short haul clause, and there
being nothing which minlmizes OF
changes the application OF the prefer
ence and determinations clauses OF
the second and third sections. It tol-
lows that in substance the amendment
ntrinsically states no new rule OF
principle. but simply shifts the powers
conferred BY the section as II orlgl-
nally stood; that is, it takes from the
carriers the deposit Of public power
previously lodged in them and vests II
in the commission as a primary IN
stead Of reviewing function.
"In other words, the elements OF
judgment, or, so to speak, the system
of law by which judgment is to be con
trolled. remains unchanged, but az
ferent tribunal is created for the en-
forcement of the existing law.
Power Shifted by Statute.
"This being true, as we think 1t
plainlv is. the situation under the
amendment is: Power IN the carrier
primarily to meet competitive cohdl-
tions in any point of view by charging
a lesser rate for a longer than for a
shorter haul has ceased to exist, be-
cause TO do so. in the absence OF some
'autboritv. would not only be inimical
to the provisions of the fourth section
but would be in conflict with the pref
erence and discrimination clauses Oh
the second and third sections.
"But while the public power, so 70
speak, previously lodged in the carrier
is thus withdrawn and reposed IN the
/
seek and obtain, under authorized CIR
cumstances. the sanction of the COM
mission to charge higher rate Tor a
longer than for a shorter haul be-
cause of competition or for other ade-
ouate reasons, is expressly preserved
and if not is in any event by neceS-
sary implication granted. ,
"And as a correlative, the authorlt!
Of the commission to grant on request
the rights sought is made by the
statute to depend upon the facts estao-
lished and the judgment OF the body III
the exercise of sound legal d,scrS,
ton as to whether the request shouIu
be granted compatibly with a due con con
sideration of the private and PUBIC
interests concerned and IN view OF lhe
preference and discrimination cisuses
of the second and third sections.
Just fourteen cases IN when arg
ments had been made were lett uhde,
cided when the court adjourned until
October These include the cases ~.
volving the cOnstitutionality oil tne
grandfather clauses" Limiting lie
right of negroes to vote IN Oklahomia,
and Annapolis, Md; the midwest O.,
land case, involving the validity OF
President Taft's withdrawal OF OF
lands from entry; the Nashville gram
reshipping case, and the Henry case
involving the right of Congress to com
pei persons to testify before lnvesti'
eating committees.
The court disposed during the term
of more cases than in any year slGc'
1890. Five hundred and ninety-one de
cisions were handed down.