Railway Regulation An Analysis of the Underlying Problems in Railway Economics

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C. Rep. 191.
92 Railway Regulation States definitely decided that the Commission had no power to prescribe rates for the future, its authority to pass upon the reasonableness or the unreasonableness of rates being limited entirely to determining whether the rates fixed by the carriers in the past were reasonable or unreasonable. This decision effectively destroyed the rate-making power of the Interstate Commerce Commis- sion. The reasoning on the basis of which the Supreme Court reached its con
...clusion may best be expressed in its own words. Mr. Justice Brewer thus summarized the position of the Court: We have therefore these considerations presented: First. The power to prescribe a tariff of rates for carriage by a common carrier is a legislative, and not an administrative or judicial function, and, having respect to the large amount of property invested in railroads, the various companies engaged therein, the thousands of miles of road, and the millions of tons of freight carried, the varying and diverse conditions attaching to such carriage, is a power of supreme delicacy and importance.

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