Show BLAME IE FOR THE RATE CUTTING f Placed Upon the Interstate Com Corn Commerce Commerce merce Commission SAYS IT IS THEIR OWN FAULT COMMISSIONERS THEMSELVES NEGLIGENT T KY IL Feb That L L the Interstate commerce cem erce com Om commission mission miss on is itself iteI to blamE blam for the rite rate r te cutting which it condemns in its last ast annual I report rt is h the claim made Toy b Walker H Hines first vice president pre of ot the tb Louisville Lowsville Nashville Railroad com corn company company t pany in a pamphlet that he has just issued Mr Hines has hag ha given hen special attention to this subject t in substance as follows The commission endeavors as it has done for years to excite e support for its demand for more mole power Oer by describing lug ing the prevalence of secret rate cut tut cutting ting lIng It held new investigations at Chicago d Kaus Kansas City to conditions which it has ha known for years delaying the publication of its report so as to give the results result of or these hearings The indisputable fact must be kept kt pt I before the public that the prevalence n of rate cutting is an unanswerable argument against giving the commis commission sion slon more power because it is due principally to the commissions utter failure to perform its manifest duty The paramount p purpose pur of the tho th law Ia was to secure publicity and the main maintenance maintenance of tariff rates rate rat Duties of the Commission It is the express duty of the corn com commission mission to keep advised and enforce the law It has the widest idest possible powers of investigation including lIfts h right to all 11 for the production of a books documents and papers and it itcan itcan itcan can require the district attorneys If f the United States to prosecute prosecute all aIt violators These powers have been n upheld by the courts The commission however has ha not only failed to devot Its time and energy to discovering and prosecuting violations ot the law but it has by its acquiesced in inand Inand Inand and encouraged them and has bas done all allin allin allin in its power to break bre Jc down OOn the th for forc of the act and make snake it a dead letter l by constantly cOIl proclaiming that the th courts have made its enforcement im impossible impossible possible Whereas not DOt a single singh jf has impaired the commissions commission S 5 power to prevent rate rte cutting As an illustration of its methods method it states in its last ast annual report that the courts have held that to convict for fOl paying pa ing a rebate it is necessary nece ar to t I show not merely that Ut the n company paM paid a rebate to a particular shipper but it must also be shown that it did not pay the same sam rebate t some other shipper which as a practical practical practical matter is almost impossible Denies the Law Is Invalid This statement is not not tru tw The very decision referred to distinct dis t 1 holds that the mere fact of paying a rebate from the tariff rat rate is in it Ii IiI what va a 2 an offense regardless of I and th at a paid by anybody an body else makes this offense babl by r a afine fine which may be as Ii much a F r il n for each instance where the tariff rat r has bas been departed from The commission seems to haY mai maiI mJ I investigations upon the subject rt t yn t i enforce the act but bat simply to i i Use t e Its contention that the act ad i j ii 1 i iI i enforceable Moreover no part I fr new ne power now DOW asked by the u I slon sion would woul have the remotest rt tender and ad thi to prevent this rate rt cutting i report shows that this thi is I now nw Hi Hito to t be I make mke no attempt to o n T but bj b t i railways for violating the th law la Insist that the th commissions n is inexcusable Offended because court courts overruled overl its It erroneous erus a It of power in other ther Oher director ti has been sulking for foe fo years trying t th 1 tha create the false fals impression to us U r t 1 1 act at is worthless and seeking Ut a and ous Idl lh which it could rate rte cutting I to t have prevented as a a basis f 1 r f t mending manding radical ril powers which in tend to correct it n no n way wy t cret |