The Washington times., 1905-11-25
The Foraker Bill.

Senator Foraker has laid before the
Commerce Committee of the upper
house the measure which. in his judg
ment, represents the limit of addi-
tionaI powers which should be con
ferred on any governmental authority
in the matter of regulating Railroad
rates. The Senator's measure, which
he explains in considerable detail,
proposes that the Interstate Commits
sion shall be given no power to make
a rate, but that 1t shall be authorized
Il investigate complaints and then
turn the evidence over to the At
torneyz General. who shall send it TO
the Federal district attorney for the
proper district. The district attor-
ney shall then file a petition in cir
cult court. That court shall make
all interests concerned parties TO
proceeding, and hear the complaint.
If it finds the complaint justified,
the court shall enjoin that proper
ton of the rate which is in excess Of
a reasonable rate; or it shall enjoin
the rebating, discrimination, or other
practices complained of.
This is the essence of the Foraker
proposal as to rates. The Senator
urges that it would involve no great
er delay than if the Interstate Com
mission were authorized to fix a rate;
but it is not quite plain that he is
correct in this. He provides, first,
an investigation by the Interstate
Commission, which shall certify the
facts TO the Attorney General. This
investigation, If it shall be of any
account whatever, viii have to be
just as complete as if it were to be
the preliminary to an order fixing
a rate. But, having made the in
vestigation. instead of fixing the
rate, the commission passes its find
ings on to the Attorney General, who
passes them on 10 the district at
torney, who goes before the circuit
court-and proceeds to have another
trial. The whole proceeding that was
had before the Interstate Commits
sion must be repeated here, in order
that the court, which is not presumed
to he expert IN such matters as rats
making, may inform itself of th'
merits of the case It would prob
ably take more time TO try the cas-.
before the circuit court than before
the commission, saying nothing Q
the long delays in getting TO the
case.
At length, however, under the Sen
ator's plan. the circuit court tries
the case. and. let it be. assumed
decides IN favor OF the shipper. The
railroads shall have the right" ex
plains the Senator. ito appeal from
this decision to the Supreme Cour-
of the United States, but this appea
shall not supersede the judgment
of the court, unless the circuit courr
in trying the case. or the Supreme
Court, shall. for good cause, 81
order"
Which means, in fact, that If tn,
shipper has won his case in two
trials, one before the commission
and one before the circuit court, ex
ecution may still be stayed until aftel
third trial in the Supreme Court.
This is the essence of the Who'll,
matter. The Senator talks a greai
deal about the Elkins law and tn,
fact that in any case there mus
be right Of appeal. and the en-
couragement of the American
merchant marine. and a lot OF othe
things that are beside the real point
But the fact is that he provides, a
TO rates, that there must be thre
trials before a complainant can ge
an enforceable judgment. It is t
avoid just such a condition that tn
President and the people want
simple requirement giving the com
mission the right to make a rate an
enforce il pending appeal.