Yes-when the conditions were such that it would have been the duty of the commission, entirely aside from this agreement, to make the rates higher. Consequently, the act of 1897 was, in effect, a dead letter until 1917. This cannot be contradicted. If it can, I invite contradiction,-that the rates would have been the same if the act had never existed.
If the Crowsnest pass agreement had never existed then, in so far as the period from 1903 when the commission was established up to 1917 is concerned, during those fourteen years, the actual rates in effect would have been exactly what they were.