The Topeka state journal., 1922-03-08
E. H. HCgueland Has Plan for
Federal 1. C. C. Body.
Restore Jurisdiction of State
Commissioners.
Overwhelmed WITH CASES
&c. G. Could Be Relieved Thru
State Body Action.
Topeka Traffic Expert Sends
Suggestion to Capper.

In connection with the discussion of
the relative powers Of the state and
federal commerce commissions, now
in progress at washington. D. C.. E
H. Hogueland. commerce counsel for
the Topeka Traffic association. has
made a suggestion tending to clarity
the proposed legislation on the SUP
ject. to Senator Arthur Capper-
HogueIand's proposal went forward
today in letter to Senator Capper.
Its chief item is the restoration Of
jurisdiction to the state commissions,
with the right of appeal from their
decisions. to the interstate commerce
commission-the making of court
of appeals, in measure, OF the fed-
eral commission.
HogueIand suggests that the state
public utilities commissions retain
Their present exclusive jurisdiction ia
matters of service alone. The juris-
diction OF the state commissions in
this field is not questioned in the
present legislative proposals. Hogue-
land says.
The question now depends on the
jurisdiction of the state commissions
in fixing rates
'%OriginaF' Jurisdiction
Hogueland would grant TO the state
bodies original jurisdiction in the
matter of fixing rates for intrastate
traffic - traffic within the state in
which the commission is operative.
IN cases WnGIE the oLuCIS AaAlu6u
down by the state commissions. are
said to be unjustly discriminative
against interstate traffic, or to un-
duly prefer intrastate traffic, Hogue-
land would have the right to appeal
granted to either carrier or shipper
the appeal to be heard and settled
by the federal interstate commerce
commission.
HoEueland would also provide for
the stay Of the order of state com
mission. when appealed by a carrier,
thru the execution OF a bond holding
the shipper harmless il the order of
the state commission is confirmed by
the federal commission
by this practice the railroads
would not be harassed by burden
some orders of a state commission.
during the six months or a year which
il might take to hear and settle an
appeal Neither would the shipper
have to present his case, as at pres
ent. to a body which IS nearly mac
cessible. and which takes months to
hear his case" HogUeland said today.
Il recognize merit in the claim of
the railroads that it is unfair to have
forty-eight state commissions and
federal commission. fixing their rates
for them. and that there should be a
final authority on these rates
l. c. c. Is Far Behind.
ION the other hand. the interstate
commerce commission IS overbur-
dened with the tasks which have been
laid upon it by the Transportation Act
of 1920. It is sometimes hundreds OF
cases behind. A small shipper with
a grievance. finds it. to all practical
intent, totally inaccess-b bic.
IF the interstate commerce COM
mission is to be charged with all rate
regulation for the entire United States
the interstate commerce commission
should be located more centrally in
the United States-probably at Chi
cago or St Louis. At present, 75 per
cent of the federal commissions bust
ness originates west of the Mississippi
river. and if it is to accomplish all
rate regulation. its business will be
vastly increased. It takes man
from the Pacific coast, who has case
before the interstate commerce COM
mission, practically a week TO get to
Washington, d. c. 1t takes the same
length of time for the commission to
send an examiner out west.
Under the present condition. the
carriers themselves are powerless to
change any rate in Kansas. without
making n corresponding change in in
tsfState commerce rates, and the ship
per is practically poWerleSsr'