New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-13
A RAILROAD RATE COURT.
THE LATEST PLAN.
Congressmen Earnestly Considering
the Presidents Recommendation.
TFRoM THE TRIBUNE DUREAU.l

Washington Dec 1.-THE earnest work OF
she President in behalf of his recommendation
that the Interstate Commerce Commission DC
authorized TO fix railroad rates when II linus
then, unjust is bearing fruit as IS SHOWN pS
the effort OF prominent members OF the SeHa'e
~ devise a satisfactory method OF CORRECTING
listing evils As announced in these dispatches
Of December 9. some of the best minds In Con
eress are being devoted to this subject. and the
probability that some form Of legislation VIII
he devised which VIII carry into effect the
Presidents purpose. while avoiding certain OBJ
4Actions 10 clothing a branch Of the executive
ike the Interstate Commerce Commission with
judiciary powers becomes daily more evident
The latest scheme under discussion consists
Of the creation of railway rate court TO con-
sist Of one judge from each Of the nine JuolciaA
districts Of the country. this court to be au-
;horized 10 fix railroad rates after full and falr
consideration of The arguments presented on
both sides. While this proposition is being dls-
cussed. it Is still in the formative peTiod' anu
nav be subjected TO considerable change as the
discussion proceeds. The fact however that II
IS being seriously considered and that innueHtiai
members Of the Senate committee on commerce e
have exnressed tentative approval Of the sug-
gestion demonstrates the correctness u 'ie
assertion that leading Senators are IN earnest
: ,,.i- ,7es;-,, 70 co-onerate with the President
80 ,,,,-;za a remedy for existing evils. and
that The likelihood that no legislation OF THIS
character viii be enacted at the short session
* due moi 20 the opposition Of the railroads
o. IF their friends in Congress. but TO the
magnitude Of the subject and to the complica-
lions ii presents.
ACTION AT THIS SESSION POSSIBLE.
While # stin appears improbable that legis-
-arion OF this Importance can be enacted at the
77resert session. il is, OF course. possible that
something may be accomplished. Should the
men who are al work on the problem succeed
IN framing a not too complicated measure
which will at once serve the desired end and
avoid the objections raised to the suggestions
,hus far put forth. there would be little diff
Guilty in securing favorable action by the Sen
ate and probably by the House.
II proposing court 10 consist of representa-
tes OF each of the judicial districts Of the coun-
try. il is argued that the view of the court
would oe broadened far beyond that Of the In
terstate Commerce Commission as now con-
st-ucted and that this broadening OF the courts
view would insure more Intelligent consideration
az railroad problems. With regard 10 the
rIications involved in the determination Of
equitable railway tariffs by federal court it is
pointed out that a multiplicity OF rates now
exists. even within single State. For instance
there Is the milling In transit" rate. which en-
abes The railroads to transport raw material TO
the mill or factory leave it TO be manufactured
and then transport it 70 its destination, for less
rate than would be charged for the transporta-
ton Of two lots of freight the same distance as
separate and disconnected shipments Again
there is'the commodity rate" whereby railways
are empowered to transport raw material at
reduced rate for the pupose OF building up
manufacturing or milling industry in particu-
lar section. Other special rates which have been
regarded as proper notifications Of the equitable
Tar1f On all long and short haul shipments might
b cited, most Of them depending on the par
ticular conditions in specific localities.
/ is the existence os these special rates and
diversified conditions which renders comprehen-
sive railway rate legislation so complicated that
thoughtful legislators insist on making haste
slowly. lest they merely place on the statute
book laws which viii prove the occasion Of pro-
tracted and costly litigation. to end ultimately
IN a decision by the Supreme Court declaring it
unCOnst itutional