[627] Munsey's Magazine, March, 1912, p. 7, outlines the attempt in 1908 to defeat this provision by withholding appropriations.
[628] The affirmance of these powers by the Supreme Court in 1912 is described at p. [586], infra.
CHAPTER XVI
EFFECTS OF THE LAW OF 1906; JUDICIAL INTERPRETATION, 1905-'10
Large number of complaints filed, [522].—Settlement of many claims, [524].—Fewer new tariffs, [525].—Nature of complaints analyzed, [526].—Misrouting of freight, [527].—Car supply and classification rules, [527].—Exclusion from through shipments, [529].—Opening new routes, [530].—Petty grievances considered, [530].—Decisions evenly balanced, [532].—The banana and lumber loading cases, [532].—Freight rate advances, [534].—General investigations, [536].
Supreme Court definition of Commission's authority, [538].—The Illinois Central car supply case, [538].—Economic v. legal aspects considered, [540].—The Baltimore and Ohio decision, [541].—The Burnham, Hanna, Munger case, [542].—The Pacific Coast lumber cases, [543].—Decisions revealing legislative defects, [546].—The Orange Routing case, [546].—The Portland Gateway order, [547].—The Commission's power to require testimony affirmed, [549].—The Baird case, [549].—The "Immunity Bath" decision and the Harriman case, [550].—Interpretation of the "commodity clause," [552].—Means of evasion described, [553].
The first direct effect of the new law was a great increase in the volume of business of the Interstate Commerce Commission. Within two years over nine thousand appeals were made to it in one form or another for the adjustment of transportation disputes. The overwhelming majority of these complaints were settled informally out of court; and in this work of conciliation one of the most conspicuous and beneficial functions of the new commission appears. But, nevertheless, an increasing number of grievances seem to have required a formal hearing and decision of record. Some indication of the public relief sought is afforded by the fact that within approximately the first two years and a half,—up to August 28, 1908,—1053 cases on the formal docket were disposed of, leaving over five hundred issues still undecided. As compared with this total of over fifteen hundred formal complaints under the new law, the number filed under the old statute amounted to only 878 throughout the long period of eighteen years.[629] Moreover, the number of complaints filed, steadily increased for several years. The accompanying diagram well illustrates the great revival of interest which took place. The two curves show respectively the number of formal complaints by administrative years since 1892, and the total of both formal and informal ones since 1903. The sudden increase after the new law went into effect in 1906, is, of course, presaged by some accession of business during the preceding two years of public discussion. But the results for the year 1907 first fully reflect the new conditions. From 65 formal complaints and 568 informal ones filed in 1905, the numbers in each class rose within two years to 415 and 5,156, respectively. It appears, however, that the climax was soon attained. Since 1908, the number of formal complaints considerably declined; and the informal ones seemed to be about stationary in number. This was of course to be expected. The accumulated grievances of past years had been largely cared for. And the improved conditions brought about were less productive of new sources of trouble.
Delay in settlement of claims for damages by shippers has long been a great source of discontent. The Commission has grappled with this problem vigorously. The following table shows what has already been accomplished. The figures are for administrative years, as covered by the annual reports to Congress.