Salt Lake Herald-Republican | 1913-01-22 | Page 14 | A Deserved Victory for Railroads

i ij I 1 3 I pa pa A pa paA I A Deserved Victory for Railroads WITHOUT doubt the decision of tho the United States supreme court courtl l- l announced on ronday limits the powers of tho interstate commerce com corn t I merce meree commission yet the tho courts court's order is just The Tho commission cont contended con con- contended t tended that in cases where tho the reports s of its investigators in showed t. t a railroad rate to b bo be unreasonable it could adjust tho the stipulated t tariff without a n hearing at which evidence c was offered The ra railI railroads rail rail- l- l I roads replied that the acts nets o of tho commission were in inI inthe I the courts and that therefore it was essential that there be a record upon which the tho court could base baso its findings That contention seems tIt t 1 logical and tho the supreme courts court's attitude is one that will receive puba public pub pub- a lie lic approval 1 I I I The victory is is not only that of the tho railroads but of justice itself If a n. rato rate assessed for a specified haul on a particular commodity I is unreasonable the compla complainants nn D-nn should be able to prove this at atI I I tho hearing for which tho the interstate commerce act plainly provides 1 Tho The contention of tho the government would offer the tho inference that it itI itis I is possible for the commerce commissions commission's investigators to ascertain a condition that could not be established openly before the tho commission commission com com- mission mis at a n hearing That docs does not seem logical and it is no not surf surprising sur sur- f h I that the thc court holds it indefensible The man in tho the 1 r. r street will readily understand that although the decision is plain I notice to tho the commission that it must give o a reason for what it does 1005 h it need not necessarily prevent its regulation reg of railroad rates since I I a Do reason leason that is just should be capable of proof i Judge Lurton made it plain in his opinion that his decision I t I mc merely ly follows precedents in which it has been frequently held beld that t an administrative order of the tho gov government is void voiel if issued without without with with- tt l out a hearing learing or if the tho hearing is inadequate and unfair Even tho the I II interstate commerce commission should be required l to walk the straight I and anu narrow path and it is the evident intention of the supreme court I 1 I t 1 that at it shall do so tea Ins TSa Pi I ta