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 modification suggested by the commission the burden
imposed upon it would be greater, if possible, than under the
original amendment. Under the original amendment, by force of the
statute, the filing of the protest would suspend the advanced rate,
and the hearing upon the merits would take place after the thirty
days had expired. Under the suggestion of the commission conferring
upon it the discretionary authority upon complaint to determine
whether the rate should go into effect at the time prescribed by
law or be suspended, there is imposed an official quasi judicial
duty upon the commission, which it should not perform except upon
proof that probably the rate sought to be advanced would ultimately
be determined to be unreasonable. Remembering the large number of
changes of rates daily, and the fact that under the law the complaint
could be filed at any time within the thirty days, would it not be
an impossible undertaking for the commission to hope to perform this
official act with justice to the public or to the carrier? In the
multiplicity of duties now demanding its most earnest attention,
would not the practical operation of such a law compel it to enter
a pro forma order of suspension until the final hearing, when the
commission, upon an examination of the complaint, is satisfied that
it presented a prima facie case of unreasonable advance?
An official tribunal charged with the duty of preventing
an unreasonable advance in rates would be constrained, on
the presentation of such a complaint, to issue the order of
suspension. If the slightest doubt was raised in its mind as to the
reasonableness of the advance, its official obligation would require
it to enter the order of suspension. Is there any question that such
a prima facie case could be made where the consideration of the
protest would, of necessity, be ex parte?
The committee is not, therefore, able to draw a distinction between
the original amendment and that proposed in committee. In the opinion
of the committee the reasons stated in the letter of the chairman
of the commission, and the reasons given in this report, not only
justify it but compel an adverse report.
CONDITIONS CONFRONTING CONGRESS.
Public-domain text, read in full here on John Shaqi.
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