The Montgomery advertiser., 1904-12-31
ELKINS FRAMING BILL
SENATOR WAITS NOT ON ATTOR-
 NEH GENERAL,
Says That the Presfdent's C0nclusiop That Rebates should be Done Away with Admits of No
 Discussion.

Washington, Dec. 30. 30.-(Special.)- Senator Elkins, Chairman of the Com mittee on Interstate Commerce, has not waited idly upon the Attorney General to frame a bill to meet the difficulty of reforming railway rates. but has been busy shaping his own views into a measure which he hopes will answer the purpose of the admin fstratfon.
 The Senator said today: "The Pres- ident in his message gives attention to the rebate evil. His conclusion that the rebate should be finally disposed of admits of no discussion. We have had legislation looking to that end. but 1t has never quite succeeded. But when we come to the recommendation that the Interstate Commerce Com mission shall be given power to fix and enforce rates the question arises as to whether the fixing of lower rates will do away with rebates. I think not; something more than that must be done.
 But there should be some power ip this country to declare what rates should be on the railroads. The United States Supreme Court has decided that the fixing of railroad rate is legis- lative and not a. judicial power. So we cannot depend upon the Interstate Commerce Commission to fix these rates. and, in fact. no commission or court can be depended upon npr that important function. What we can do is to empower a court to declare when a rate is excessive, and in that way send the rate back to the railroad to be lowered. I do not think that we need fear that the roads will attempt to evade the execution of such instruc- tion fin good faith by attempting to come lsack again with another rate so slightly lowered as to result in no benefit. We can depend upon public opinion as a power to force them to accept this method of regulating the rates in good faith. If the lower rate they fix Is not low enough it can again be declared too high and would go back to them.
 Tor several reasons I think the In- terstate Commerce Confusion is not the proper tribunal for fixing rates by this method. It ought to be done in 9 circuit court of the United States and that court should be presided over by justice of high character, who ought to receive a salary of ten, twelve or fifteen thousand dollars. Such a judge should, of course, be appointed for life. and would be independent of the changes that might occur in the ad- HllnlStrdIlOH or the government. lie could devote his entire thought to the questions that would come to his att tention.
 Just think what might happen if these powers were placed in a commits sion. the members of which would be subject to reappointment by the Presi- dent. with limited terms. Such a prop osition would not meet the approval of conservative men.
 But even with this power to declare what rates are excessive lodged in a Circuit Court of the United States, we would still have to make further ITO visions for the effectual abolitio.. of the rebate. That is a matter am en- deavoring to go over so fully that we may be able to draw bill that will be satisfactory to meet the ends de- sired.
 "As have suggested, the functions of this court would not interfere with