Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-12-15
FEAR The DLK|NS Bill
Congressman Doubt Feasibility
Of a Special Court to Deal
With Rates
HEPBURN FAvoRs THE IDEA
With Some Amendments He Says the
Elkins' Proposition Might be the
Panacea for Which the People are
Looking = Other congressman are
Opposed.

Washington, Dec. Ex-senator Ell
kins' bill proposing the establishment
az an Interstate commerce circuit court
wherein differences between railways
and shippers over rates be adjudicated,
Is attracting the earnest attention OF
Ill students of railway problems in
congress.
Colonel William p. Hepburn Of Iowa,
chairman Of the house committee on
interstate and foreign commerce, SAID
yesterday afternoon that the establish
ment Of such a court may prove to be
the panacea which everybody con-
cerned in rate disturbances has sought
during the past twenty years. Colonel
Hepburn admits that he has not made
UP his mind on the subject, but that,
after careful reading Of the Elkins
bill. he Is convinced that with a few
amendments it might be made a po-
tent enactment.
Zone provision that would have to be
made" said Colonel Hepburn, would
be to eliminate the possibility of the
court devoting half Of its time to va
cations. recesses and other forms of
diversion. Such as court would have to
work twelve months in year.
Prompt Decision Required.
1.-THE very nature Of the litigation
that would be brought before 1t would
nj
and there could not be congestion Of
its calendar and record, such as we find
everywhere in the civil courts, without
unfortunate consequences to the public
as well as the railways.
Another amendment which might
be held to limit the scope of its pow.
ers. but which upon analysis and in.
vestigation will be found to Increase
Its usefulness. ought to provide that
the court shall have authority to take
cognizance Of complaints that apply to
specific rates. Under no Circumstance.
es ought congress to vest 1t with au.
thority to adjudicate differences over
schedules covering transportation
rates on multitude Of articles.
Court Tangle ls Possible.
.eq ssoueIsNIp lsoM 10 6IolsIq euI.,
tween shippers and railway consign-
ees and railways shows that they had
their origin either in charges of dis.
elimination or because q single rate.
affecting some specific article was
held to be unfair. II a. court Of the
character. which 1t is proposed to es-
tAblish should be vested with authority
20 take cognfzance,sof disputes involv-
ing many rates, or, in other words, the
tariffs Of a railway system, it would
soon find itself in q hopeless tangle."
A great many members of congress
are Of the opinion that the suggestion
TO establish an interstate commerce
court ought not to be entertained be-
cause they believe it would inevitably
result in the establishment of special
courts to deal with other governmental
problems that are constantly pressing
for attention in the several depart
ments. Representative Mann Of Chi
cago expressed the belief that another
method Of providing for the adjudica-
ton Of transportation differences would
be preferable to the establishment of a
court.
Would Want Other Courts.
.sWhere will congress stop in provide
ing courts to deal with special prob
lems?" said Mr.. Mann. For many
years 1t has been urged by patent law
yers and others that congress ought TO
establish a court to assume original
jurisdiction over all litigation growing
out Of the operations of the patent
office. Congress wisely, I believe, has
steadfastly refused to establish such
court. and can not help thinking that
there is Just as much demand for 1t as
there is for a court to adjudicate
transportation problems. Moreover, 1T
would be extremely difficult to fix
limit upon the power and authority OF
an interstate commerce court.
1.-THE problems with which 1T Wouid
have to deal are so broad and complex
that, without practically unlimited
power. it would rot amount to much.
President is Encouraged.
f An encouraging, feature of the dis
cussion appertaining to interstate COM
merce legislation is that nearly every
member of congress is evincing an
acute interest in it. This is especially
satisfactory to President Roosevelt.
His principal object in submitting the
subject to congress was to invite the
OTOdQGSC ulSCuSSlOI. X1C ald iOt SiflCA@
tain much hope that congress would
attempt to enact interstate commerce
legislation at this session, but he is of
q different opinion now. He has re,
ceived information which leads him to
believe that bill embodying several
OF his own suggestions, and the ideas
OF leading members Of the committees
on interstate commerce may be agreed
upon shortly after the close Of the
holiday vacation.
John M. Glenn, secretary Of the 1lli-
nois Manufacturers Association arriv-
ed in Washington yesterday afternoon.
Mr.. Glenn came to attend a special
meeting of the interstate commerce
commission which was to be held for
the purpose Of hearing further argu-
ments upon the protests of western
shippers against the use OF uniform
bills Of lading by railways in so-called
territory.
PRESIDENT URGES MATTER.
q