My DEAR MR. SECRETARY,—I have lately been engaged in writing an opinion upon the jurisdiction of the Interstate Commerce Commission over ocean carriers engaged in foreign commerce, and it has occurred to me that an extensive American merchant marine might be developed by some legislation which would permit American ships to enjoy preferential through routes in conjunction with our railroad systems. The present Interstate Commerce Law, as I interpret it, gives to the Commission jurisdiction over carriers to the seaboard. It is the assumption of the law that rates will be made to and from the American ports and that at such ports all ships may equally compete for foreign cargo.
Might it not be possible to extend the jurisdiction of the Commission over all American vessels engaged in foreign trade, and with such ships alone—they alone being fully amenable to our law —permit the railroad which carries to the port to make through joint rates to the foreign point of destination? There is so vast a volume of this through traffic that the preference which could thus be given to the American ship would act as a most substantial subsidy. There may be objections to this suggestion arising either out of national or international policy which render it unworthy of further consideration. It has appealed to me, however, as possibly containing the germ of what Mr. Webster would have termed a "respectable idea." Faithfully yours,
FRANKLIN K. LANE
TO E. B. BEARD
Washington, December 19, 1908
MY DEAR MR. BEARD,—I have not seen the article in the CALL, to which you refer, but have heard of it from a couple of Californians, much to my distress. Of course I appreciate that at a time of strain such as that which you shippers and business men of California are now undergoing, it is to be expected that the most conservative language will not be used. … The trouble is with the law. … It is only upon complaint that an order can be made reducing a rate, and I understand that such complaints are at present being drafted in San Francisco and will in time come before us but such matters cannot be brought to issue in a week nor heard in a day, and when I tell you that we have on hand four hundred cases, at the present time, you will appreciate how great the volume of our work is, and that you are not alone in your feeling of indignation or of distress. If you will examine the docket of the Commission, you will find that the cases of the Pacific Coast have been taken care of more promptly within the last two years than the cases in any other part of the United States. I have seen to this myself, because of the long neglect of that part of the country. …
I want to speak one direct personal word to you. You are now protesting against increased rates. I have outlined to you the only remedy Please remember that I am not the Commissioner from California; that I am a Commissioner for the United States; and that it is not my business to fight the railroads, but to hear impartially what both sides may have to say and be as entirely fair with the railroads as with the shippers. I am flattered to know that the railroad men of the United States do not regard me as a deadhead on this Commission. My aggressiveness on behalf of the shipping public has brought upon my head much criticism, and it would be the greatest satisfaction for those who have been prosecuted for rebating or discovered in illegal practises to feel that they were able in any degree to raise in the minds of the shippers any question of my loyalty to duty. I expect to be in California during January, for a few days, and hope that I may see you at that time. Very sincerely yours,FRANKLIN K. LANE