The Birmingham age-herald., 1924-01-27
RAIL AND WATER CARRIAGE

' NAIL ANU WA E.N SANNA<AoI
 A writer, whose letter appeared last week in the New York Times, calls at 4 tention to the recent decision of the < United States supreme court upholdine Section l5A of the transportation act of 1920, which defines the word lear rier" as meaning "carrier" by rail, , road or partly by railroad and partly by water" This should mean that the act empowers the Interstate Com merce Commission to regulate" the rates of carriers, both carriers by land and carriers partly by land and partly by water. And, when it comes to con- sider the word regulate, the commis- sion has been particularly instructed, so the writer of the letter says, that to regulate means to foster, protect and control the commerce with appro- priate regard to the welfare of those who are immediately concerned as well as the public at large, and to promote it's growth and insure it's safety" This is the wording of the supreme court opinion, as delivered by Chief Justice Taft, who describes as 'too narrow" the view that the power to regulate interstate commerce is linn ited to fixing reasonable rates and the prevention of rates that are discrimi- natory.
 Nor is this all, for the writer men, tions another decision strengthening the case for the waterways which says that in the making of division of joint rates for the carrier-meaning the joint carrier by rail and water-"the commission may give the weaker group a greater share" At present the prac- tice is to give the waterway much the worst part of the division. In some cases it is reported that the rail lines take so much of lions share as to leave practically nothing for the water ways support.
 This is of much importance to us here, who are waiting for the estab- lishment of rail and water rates which will foster, protect and controp com merce on the Warrior, promote it's growth and insure its safety. The transportation act itself records the purpose of congress to encourage and develop water transportation, and to "foster and preserve in full vigor both rail and water transportation
 It is evident from this language of the act and also from the course of congress in appropriations that the in- tention is to make the waterways serve commerce. Several millions of money have been spent by congress in making the Warrior river navigable, and congress is actually providing the machinery and operating it in an eff fort to prove the practicabilty of the waterway for purposes of commerce. Why should the intent be defeated through lack of coordination of the forces which are capable of making it successful? It is the duty of the Interstate Commerce Commission, says the supreme court in interpreting the will of congress, to arrange matters eO tudL llS SIOWlH Ol waterway CUHl- merce shall be promoted and its safety insured.
 The public we'll may ask why, when congress, expressing the wish of the people of the country, has undertaken to foster water transportation as na- tional need, there should be delay in getting the rates that are appropriate and will promote the growth of such transportation.
 The land lines continue to oppose the use of the waterways. They pro . fess to believe that waterway transpor- tation is obsolete. Having driven commerce from the rivers, they de- clare that it can never come back and, to confirm their prophecy, they continue the discriminatory rates which prevent commerce from coming back. Congress, however. has said it wants waterway commerce fostered, and even favored in the matter of rates. What is the influence that keeps the will of congress from being obeyed?