Mr. Mann. Do you think that it is wise to confer upon a commis-
sion the jDower to set aside all rivalry in trade and by an arbitrary
order determine that the grain shipments to Galveston shall cease, on
the one hand, possibly, or that the grain shipments to New York shall
cease, on the other hand, possibly?

Mr. Staples. Yes, sir. And as a qualification I wish to say that I



PROPOSED AMENDMENT OF INTER8TATE-C0MMEECE LAW. 151

do not believe that a commission would so find under any circum-
stances. They might, however, find that there should be a certain
change in the conditions.
Mr. Mann. Do you believe that it is within the power of finite
wisdom, in an order, in a specific case, and upon a hearing, to abso-
lutely determine between these two points, Galveston and New York,
say, so as to reach absolute equality that must remain, instead of leav-
ing it to a question of rivalry ?

Mr. Staples. There can be no such conclusion on the question;
under our constitution — getting a little way into law, as I understand
it now — that is absolutely precluded, as I understand. There can be
no decision by any commission which is final or which is not subject
to review by a court. '

Mr. Mann. I mean assuming that the courts would review it and
«ome to the same opinion. Assuming all that.
Mr. Staples. I reiterate my opinion; restate it — that these different
common carriers being public servants you can not present to me a
feature or a question which would change my opinion that there
should be some supervisory power.
