The Railway Library, 1909: A Collection of Noteworthy Chapters, Addresses, and Papers Relating to Railways, Mostly Published During the Year
History
The Railway Library, 1909: A Collection of Noteworthy Chapters, Addresses, and Papers Relating to Railways, Mostly Published During the Year
Railroads -- United States -- Periodicals
This policy, we believe, has been approved by the country during that
period. Pending the elaborate investigation of this subject prior to
the passage of the act of June 29, 1906, no crystallized sentiment
was manifested, either in the press or during the hearings, that
indicated a public sentiment that this policy should be departed
from. Since this bill has been before your committee no such public
sentiment has been shown to exist by those who appeared before it.
The conferring upon the commission the power to suspend a rate
advanced, either upon the filing of a protest by a shipper or in the
discretion of the commission, taken in connection with the provision
of the statute which gives to the commission the power to fix a rate
and to designate the time, not longer than two years, that it should
remain in force, would ultimately turn over to that administrative
body the function of initiating the rates of the entire country. It
would offer a premium to every shipper to enter a protest to the
advance of rates, whether they were reasonable or unreasonable, even
if discretion was vested in the commission. The protest, prepared
by skilled attorneys, presenting a prima facie case of unreasonable
advance of the rate, with no opportunity for an investigation before
it must be acted upon, an official body, on which was imposed the
responsibility to act would be constrained to suspend the rate until
a final determination of the complaint.
The existing law permits any shipper to protest any rate that has
gone into effect, the hearing on the protest is made without formal
pleadings, and the commission is authorized then to determine
the question whether the rate put in effect by the carrier was a
reasonable rate or not, and, if not, to make the rate reasonable. So
far, in the practical operation of the act of June 29, 1906, this
provision of law has worked satisfactorily, and but comparatively
few of the decisions of the commission have been contested by
the carriers. Under existing law both parties are protected. If
the decision is that the rate is unreasonable a judgment may be
rendered in favor of the protestant for the difference between
what the commissioners determine is a reasonable rate and the rate
fixed by the carrier, with 6 per cent interest from the date of the
overcharge. If, on the other hand, this amendment should receive the
approval of Congress and the rate filed by the carrier should be
protested and then suspended by the commission (in the multiplicity
of duties imposed upon that tribunal), considerable time would elapse
before a final determination of the question could be reached. During
that period the carrier would be receiving only the old rate, and if
the commission finally decided that the advance was reasonable no
reparation in any way could be awarded.
Public-domain text, read in full here on John Shaqi.
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