Standard Oil Company; Trusts, Industrial -- United States
The Commission immediately called the responsible official of the
Pennsylvania Railroad, which was the leader in this move, "to a
personal interview," "expressed their surprise," and suggested the
withdrawal of the circular and of the increased rates. This was in
August.[237] No attention was paid to this by the road. The Commission
waited until October 10th, and then sent a formal communication to
the President of the Pennsylvania Railroad, which was followed by
correspondence and personal conferences with him. The Commission
pointed out that the statement of the circular was "misleading," "not
true," "decidedly objectionable"; that the Commission had made no
decision with reference to the rates of the Pennsylvania Railroad or
the other Eastern lines; that its decision, applicable solely to the
roads of the South or Southwest, had been that rates on barrels must
be reduced, and that it was not right to use this as an excuse for
increasing the rates on barrels. Finally, the Commission said that
if it had made any ruling applicable to the Pennsylvania Railroad it
would have been compelled to hold that its practice, of twenty years'
standing, of carrying the barrels free, since it carried tanks free,
was "just and proper," and that there was nothing to show that an
advance in its rates was called for.[238]
The Interstate Commerce Commission was the body specially created by
Congress to interpret the Interstate Commerce Law. The Pennsylvania
Railroad was one of the common carriers under the orders of the
Commission, and its managers were subjects of jurisdiction, not judges.
But its method of running the Supreme Court of Pennsylvania, as if it
were one of its limited trains, was now applied with equal confidence
to the Interstate Commerce Commission. It insisted that it was itself,
not the Commission, which was the judge of what the latter meant by
its own decisions. The road continued the rates against which the
Commission protested. The Commission demanded that the assertions that
the new rule of charging for the barrels and the advance of rates was
made "in accordance with the directions" of the Interstate Commerce
Commission be withdrawn. The Pennsylvania road responded with another
circular, in which it changed the form but repeated the substance. "The
action referred to was taken for the purpose of conforming the practice
of this company to the principles decided by the Interstate Commerce
Commission." The Commission protested that it was not laying down any
such "principles" but the corporation declared that that was what it
"understood," and held to the advance made on that understanding.[239]
Public-domain text, read in full here on John Shaqi.
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