The Birmingham age-herald., 1924-04-20
DELAY GRANTED
 ON SECTION 2S
 UNTIL JUNE 20
Interstate Commerce Com mission Grants Roads
 Time To Adjust Rates

WASHINGTON. April 19.--The ef- fectiye date of Section 2S of the mer- chant marine act of 1920 was delayed from May 20 to June 20 today by the interstate commerce commission.
 Commissioner Potter rendered the only dissenting opinion. In granting the delay. the commission held that the law restricts it's duties to administration. and that 1t has no power to question conditions in the shipping indnstry Aa fepfsAenfed to 1t hF aha chipping b6afsIl
 The order explained that Section 2S, which provides that where preferential railroad rates are given to. goods going to import or export through American bottoms does not confer upon the com mission the power to review the certifi- cates made to us by the board, or to determine the facts as to adequacy of the shipping facilities independently or otherwise than as certified to us by the board"
 Power Is Limited
 '.Onr power under Section 2S,'' 1t was duutui GAtCHuS lO IiAlIk III OuT OTuCE lifting the suspension of that section such reasonable effective date as should enable the carriers subject to the prohibitions of that section to comply with both statutes in an orderly way, and to avoid violations of the law by bringing their tariffs into conformity with Section 2S, in so far as that may be done, while observing the mandates of the interstate commerce act. /.
 This additional period should be util- ized by the rail carriers in the endeAYor to adjust their schedules So that rates which will be put in for the purpose of complying with the mandate of Section 2S of the merchant marine act will conflict as little as possible with the outstanding provisions of the interstate commerce act, and minimize the dis turbance and controversy as to the ap- plication of the respective statutes."t
 The order was based on representa- tions of railroads and shippers through out the country that application of the section would create preferential rates and discriminationa against various ports and between certain goods.
 Sought Six Months Delay
 Representatives of the shippers and rAilroads, appearing before the commits sion Thursday, asked an extension of six months in which toe readjust rail- read rates and to prepare their indus tries for the change. They recited that hearings on the section had just been closed by the merchant marine commit tee of the House, and that resolution was then pending before the committee to postpone enforcement of the section until June l, 1925.
 Commissioner Potter, dissenting. de- clared that the certificate of the ship ping board that there are now sufficient American vessels to carry American trade, was merely an opinion of the board. and that hearings should be held by the commission 10 determine whether available American vessels are adequate to carry American exports.
 eff, as the majority has determined, 1t Is our duty to lift the suspension upon being advised of the shipping boards opinion" the dissenting opinion eaid i've have no authority to postpone the effective date beyond the period req sonably required to put the machinery into effect. We have in that event no power to consider commercial cOndi- tions. To consider them is to over rule the, shipping board and disregard the law as we have interpreted it. The carriers have stated that they can take all necessary steps within the period fixed by our order. Our power, there fore, has been exhausted, and we are not authorized to extend the date,p