The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-12-26
BY THEODORE PRINCE

BY THEODORE PRINCE
NEW YORK, Dec. 26.-The Inter
state Commerce Commission repre-
sents the Gordian knot that must
be united. In it are tied together
all the powers Of judicial, executive
and administrative functions
Groups of men, even if super-men,
can not successfully combine these
interfering and inconsistent duties.
The commission should act only
in judicial or quasi judicial ca
pacity. 1t no longer should at
tempt to manage, or partly manage,
the railroads The corporation
would run the railroads. subject to
supervision of the Secretary of
Transportation. Together they
would be free to make an effective,
prosperous industry of our rail-
roads. When and if they disagreed,
the commission would hear and de-
termine.
Rates no longer would be the sub
ject of long and futile controversy.
Futile certainly has been the effort
of the commission to have the rail-
roads earn what Congress intended
they should earn. The present
plight of the railroads is sufficiently
indicative of their need and of the
inability of the commission to pro-
tect them
Would Alter Act
Shippers have not had sufficient
protection under the Elkins Act.
u. S. Code, Title 40, Section 43),
but the proposed plan would amend
that act so that application could
be made to Federal courts for
redress from unreasonable rate,
discrimination or deviation from
the published rates. The commits
sion still could protect the shipper
on any complaint by filing a petit
ton in his behalf under this amend
ed act.
The permission of the commits
sion would be necessary however,
to make a merger, consolidation or
plan of reorganization effective.
The executive functions of the COM
mission would be transferred to the
corporation, while its administra-
tive functions would be transferred
to the Secretary of Transportation.
Much of the static" material,
however, would remain with the
i'm
systems. valuations and, of course,
in an advisory capacity, it would
still be of Importance to the Secre-
tary and the corporation. Studies
and surveys still would be matters
Of voluminous records and exper-
fence with which the commission
could enrich both of the other two
regulatory bodies.
Rates Held Vital
Traffic, plant and rates comprise
the prime essentials of the railroad
industry. AS previously stated, if
1921 rates and had been sustained
through 1882, the railroads would
have earned $7,814 $4,000 more
than they did. 1t is apparent in
that case there would have been no
railroad problems. The rate Struc-
ture is a tremendously complicated
affair.
Rates, being so vital pnrt of our
railroad prosperity, make or I'M
make railroads.
Fundamentally, therefore rates
should be determined by the execu-
tive operating heads, the corpora
ton. Unless the Secretary of Trans
portation interviewed, rates would
become effective. The right to ap-
peal to the courts by any shipper
in any case would not be abridged.
Although the lengthy bureau
cratic system of the Interstate Com
merce Commission would be abol-
ished, it always could intervene on
behalf of shipper, under the Ell
kins Act as amended, before a
court of competent jurisdiction.