The Railway Library, 1909: A Collection of Noteworthy Chapters, Addresses, and Papers Relating to Railways, Mostly Published During the Year
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The Railway Library, 1909: A Collection of Noteworthy Chapters, Addresses, and Papers Relating to Railways, Mostly Published During the Year
Railroads -- United States -- Periodicals
Under the amendment to the sixth section, if adopted, and a protest
was made to the advanced rate, or the commission under a protest was
authorized in its discretion to suspend the advanced rate, until
hearing as to its reasonableness, the only decision that could be
made under that amendment would be, that the rate proposed to be
advanced was either reasonable or unreasonable, but there would exist
no power in the commission, if they found the rate unreasonable, to
fix what in its judgment would be a reasonable rate. The committee
does not believe that it is the desire of Congress, in view of the
sentiment of the country as expressed in the press and before it,
to pass additional legislation which would invite and suggest such
confusion and legal difficulties in the construction of an act which
has not yet been put in full operation by the tribunal charged with
that duty.
COULD THE DECISION OF THE COMMISSION, CONDEMNING AN ADVANCE OF RATES,
BE REVIEWED BY THE COURTS?
4. It was suggested to the committee that the incorporation of this
amendment to the sixth section of the act of June 29, 1906, would
deprive the carrier of the right to review by a bill in equity a
decision of the commission which denied to the carrier the right
to advance a rate. This contention is based upon the ruling of the
courts, that the making of a future rate is a legislative act, and
not a question for judicial review, and that until the rate is fixed
and becomes effective it is purely one within the legislative
function, and presents no subject cognizable by the court.
Under the amendment proposed a carrier would file a schedule of
advanced rates; a shipper enters a protest to the rate taking effect;
either by operation of the statute or the exercise of discretion
by the commission, the rate is suspended until final hearing;
subsequently there is a notice of the hearing and a decision rendered
adverse to the contention of the carrier seeking an advance of the
rate. Under these circumstances there is no remedy of review of that
act of the commission provided for by existing law or under the
principles of equity.
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