The second purpose of the net was to prevent discriminations and unjust rates. lit the accom plishment of this result the commission has Iteen hampered by a variety of circumstances. As the evidence in all eases must. be obtained (rout tile persons directly concerned in the alleged wrong• doing, there has been great difficulty in forcing tlamu to testify. The promise of immunity from •.riminal prosecution on account of such testi 'pony. as gken in the original act, tea. not divined by the courts sufficiently complete, and it satisfactory formulation was not obtained until s;93. when 2111 amendatory act 1111,,e(1. :MON` ill11.011:111l in its results for the of the comunis.sion's work have been its relations to the courts. On appeal from a decision of the commission, the courts have subjected the whole matter in controversy to The action of the commission is tinal neither as to the law nor the facts. The introduction of new testimony discredits the work of the commission, which becomes a mere preliminary investigation.
Again. the commission has no power to pre scribe rates. It may declare a rate to he un
just, and may enjoin the railroads to change it, hut it cannot prescribe what change shall be made. If the new rate made by the roads is un satisfactory, the same wearisome process of emu plaint and hearing must be gone through with before the commission can declare it to be just and again order it to be changed.
The commission has pleaded \lift Congress for years for an amendment of the act. It has asked that pooling, under regulations to be prescribed by the commission. shall be permitted. It has asked further for legislation which shall make the finding of facts eonelusive, which shall make the appeal to the courts on the law only, giving till' latter power to order a new hearing of facts by the commission, but none to undertake such hearing on its own account. It has asked further that it be given power to establish rates in con troverted eases. Various measures looking to these ends have been introduced into Congress, but none have been enacted into law. SVC'