Page:Harvard Law Review Volume 32.djvu/342

3o6 HARVARD LAW REVIEW of the railroads, but would seriously derange the general rate struc- ture by establishing local preferences and discriminations. It seems clear, therefore, that the limitation of the prohibition against suspension to suspension by the Interstate Commerce Commission confirms the conclusion that Congress regarded the remedial procedure which it was establishing as limited to that commission — in other words, it was unnecessary to deny the right of suspension to the state commissions, since under the system provided in the act it was not intended that they should exercise any authority whatsoever with respect to rates, etc., ini- tiated by the President. It is difficult to find any other explana- tion of the language, and it is believed that no other reasonable interpretation can be suggested. And this conclusion is strengthened by further provisions of section lo. In the first place, rates, etc., initiated by the President are required to be "reasonable and just." This is the only standard to which they are required to conform, and there is no warrant for the application of any other or additional standard. But nothing is provided with respect to the enforcement of this standard by the state commissions, or with respect to the evidence they should consider in determining whether rates, etc., conform to this stand- ard, or with respect to the powers they might exercise to remedy any variance therefrom. On the contrary, all these matters are carefully dealt with in the jprovisions of the act relative to pro- cedure before the Interstate Commerce Commission. That com- mission is specifically authorized to receive complaints with refer- ence to rates, etc., initiated by the President; it is required to "enter upoii a hearing concerning the justness and reasonableness of so much of any order of the President as estabhshes or changes any rate," etc.; it "may consider all the facts and circumstances existing at the time of the making of the same;" it is to "give due consideration to the fact that the transportation systems are being operated under a unified and coordinated national control and not in competition;" it is to "take into considera- tion" a "finding and certificate by the President" as to the necessity for additional revenue to defray the expenses of federal control and operation, etc., "together with such recommendations as he may make;" and finally it "may make such findings and orders as are authorized by the act to regulate commerce as