Page:Harvard Law Review Volume 32.djvu/340

304 HARVARD LAW REVIEW So also tariffs establishing rates and fares are issued by the Director- General and not by the corporations owning the transportation systems, and these tariffs are filed only with the Interstate Com- merce Commission and not with the state commissions. This mode of filing is, of course, in conformity with the Federal Control Act, since, if it be correct to say that the paragraph of section lo which gives the President authority to initiate rates, etc., includes all rates, intrastate as well as interstate, it neces- sarily follows that the next clause which designates the manner of making "said rates," etc., effective, viz., "by filing the same with the Interstate Commerce Commission" is operative with respect to intrastate rates as well as with respect to interstate rates. Clearly since no other procedure is specified in order to make such rates, etc., effective, it is not necessary to file such tariffs with state commissions. To require this would be to add to the conditions prescribed by Congress — for which, of course, there would be no justification. The significance of this conclusion is manifest, for it means that intrastate rates, etc., now become effective by filing with the In- terstate Commerce Commission, irresp>ective of the requirements of state statutes; and although such statutes may provide for a thirty days' publication before they may be changed, or even for a specific permission from the state commission, they may now be changed "at such time and upon such notice" as the President may direct. In fact, the sweeping changes in rates, etc., initiated in conformity with General Order No. 28 were made effective upon one day's notice. Clearly it would seem to follow that rates, etc., initiated by the President are regarded as in a special class and as withdrawn from the jurisdiction of state commissions, since the usual foundation of such jurisdiction, as established in state statutes, is generally, though not necessarily, the fifing of tariffs estabfishing such rates, etc., with the state commissions. Moreover, it is to be noted that by the initiation of rates, etc., the President supersedes the previously existing rates and the tariffs containing such rates cease to be effective, and the only effective tariffs are those currently on file with the Interstate Com- merce Commission. The practical importance of this feature of the situation will be adverted to hereafter." " Infra, page 314.