New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-01
RATE Law IN MESSAGE.
"DETAILS TO CONGRESS.
Commissions Bill InaccurateIy En-
presses Presidents attitude.
rrrom rs tribune prreaz.


IRON TIE Tribune Rrreau.l
washington. Nov. So.-Repubiican leaders who
~ that they are familiar with the views of the
p-.s,dent on railway rate legislation Insist that
.,A public and those especially interested in the
snbiect VIII gTavely err If they accept the bill
r-.nared by the Interstate Commerce Commits
s;on as an accurate expression of the attitude of
.,s chief Executive. The policy of the square
s,aI" has actuated the President in HIS demand
Cor adequate railway legislation, and he will
soubtless present In his annual message in his
usnal forcibIe manner his view Of the evils
which now exist and which the coming Congress
,bo1d and will aim to remedy. but 1t is asserted
9Th emphasis that the Presidents recommends
Hons viii not deal so much with the details of
method with principles. and that he viii leave
to Congress the working out of the details
Senator Culiom father OF the Interstate Com
-nerce Law, who has been consulting the adj
ruinistration in framing proposed railroad rate
legislation, to-day criticised of the features
Of the bill drafted by the Interstate Commerce
Commission printed In The Tribune to-day. SEN
ator Cullon's views are of especial interest as
bearing out the view that the bill in some of
It's minor provisions at least. does not meet with
the approval of the President or of the Attorney
General
Senator Cullom said:
Substantially the railroad rate bill drafted
b. the Interstate Commerce Commission.
nearly as l can judge from the limited oppor-
unity have had TO study it, is an excellent
draft Of legislation that is desirable It's essential
features are clearly Defined and the main point
Of giving the commission authority to establish
what shall be reasonable rate or practice is the
essential. The clause in the bill which relates to
the Jurisdiction Of the courts is subject to crfti
cism on the ground that it deals superhuously
with duties Of the courts which have already
been defined. as
The provision could be much shortened and
the same authority retained for the courts which
already have inherent powers to deal with
questions arising from such legislation. I
tn favor, moreover. of STIMULATING in the bill
that the Interstate Commerce Commission shall
he stripped absolutely of what might be called
police powers or collection of evidence for the
prosecution Of cases. Such duties Of this char
scter as may be necessary should be placed IN
the hands OF q special bureau OF the Depart.
1nent Of Commerce and Labor.
ora ground OF criticism against the proposed
legislation giving the commission authority 10
fx rates is the complaint that the commission
would have altogether too much power, being
Judge jury and police" all in one. The police
mower should undoubtedly be entirely eliminated
from the duties OF the commission. It's duties
should consist solely of dealing with cases as
presented TO them with all the evidences at hand
Collection Of information and necessary tesu-
mony should be dealt with by officials alto
gether outside Of the commission. There should
be no chance of bias
Senator Cullom said that the railroad rate BILL
IS finally approved by the administration. would
IN his opinion be enacted this session without
dfncuity The railroads. he said, would not
stand In their own light" against reasonable
legislation.
Secretary Root who has been a close friend
of the President throughout the discussions
Of this subject which have occurred both at Oys-
Ter Bay and at the White House, has urged the
President to abstain from going into details at
this time II Is asserted. His advice has been
needed. The measure prepared by the Interstate
Commerce Commission, however, is entirely In
line with the testimony Of the members Of the
body before the Senate Committee on Interstate
Commerce. and provides methods Of greatly ex-
tending the powers Of the commission, but in
its present form It is doubtful if it could COM
nand the support of a majority Of the Congress.
As already has been indicated in these dis
patches the differences between the President
and leaders in Congress are far less radical than
appears TO be popularity supposed. There is
no question that a majority Of the Congress is
Il hearty sympathy with the Presidents desire
finally and efectually to put end to every
form Of discrimination between shippers, as well
as his recommendation that all the methods de-
vised for getting around the auti-rebate law,
such as private car lines. refrigerating, ventil-
ating, eIevating, terminal and bridge charges,
etc. IN far as they are utilized for the pur-
pose of defeating the intent of the anti-rebate
law, be included in the Prohibitory legislation
which the 59th Congress expects to enact.
Il is equally assured that neither the Congress
nor the President believes that locality discrm-
nations can be dispensed WITH and it is doubt
ful # even the Interstate Commerce Commission
sontemplaJes so radical q departure from exist
Ing practice
There remains. then. only the method by
which these ends shall be accomplished. The
President has in his public utterances declared
his view that 1t VIII be necessary to delegate to
The Interstate Commerce Commission. or some
Similar organization the power to substitute
and put into effect a Just rate where, upon ex-
animation, It has been found that an unjust
rats Is being charged. and that this rate shall
90 INTO effect within a reasonable time, and re-
main IN force unless set aside by the courts. IF.
II his message the Presidents adheres to this
VIEW he will doubtless meet with a certain
amount Of opposition from such men as SEN
alors Foraker, EIkins Kean, AIdrich and Others
VINO regard radical a change from the exist
I4s practice as unnecessary, although It is also
PROBABLE that If these legislators and others who
support their views find themselves unable 70