t to be unreasonable, disappointed earlier
expectations.[378]

The history of the Commission as an effective instrument of government
dates from the Hepburn Act of 1906[379] which was followed four years
later by the Mann-Elkins Act.[380] By the former the Commission was
explicitly endowed with the power, after a full hearing on a complaint
made to it, "to determine and prescribe just and reasonable" maximum
rates. By the latter it was further authorized to set such rates on its
own initiative, and without waiting for a complaint; while any increase
of rates by a carrier was made subject to suspension by the Commission
until its approval could be obtained. At the same time, the Commission's
jurisdiction was extended to telegraphs, telephones and cables.[381]

THE INTERSTATE COMMERCE COMMISSION TODAY

The powers of the Commission, which has been gradually increased to a
body of eleven, are today largely defined in the Transportation Act of
February 28, 1920. By that act they were extended not only to all
"railroads," comprehensively defined, but also to the following
additional categories of "'common carriers' * * * all pipeline
companies; telegraph, telephone, and cable companies operating by wire
or wireless [_See_ note 3 above][Transcriber's Note: Refers to Article
I, Footnote [381].]; express companies; sleeping-car companies; and all
persons, natural or artificial, engaged in such transportation or
transmission as aforesaid as common carriers for hire." The jurisdiction
of the Commission covers not only the characteristic activities of such
carriers in commerce among the States, but also the issuance of
securities by them, and all consolidations of existing companies, or
lines. Furthermore, for the first time, the Commission was put under the
injunction, in exercising its control over rates and charges, to "give
due consideration, among other things, to the transportation needs of
the country and the necessity (under honest, efficient and economical
management of existing transportation facilities) of enlarging such
facilities in order to provide the people of the United States with
adequate transportation."[382] Railway rate control itself, which was
originally entered upon by the National Government exclusively from the
point of view of restraint, has thus been assimilated to the idea of
"fostering and promoting" transportation.

Two types of constitutional questions have presented themselves under
the legis