Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-12-07
Go be contlnued.)
ELkINs ON RATE MAKING.
Chairman of the Committee Gives Out
an Interview

Chairman of the Committee Gives Out
81 an Interview.
Washington, Dec. 6.-Senator Elkins,
chairman OF the committee on inter-
state commerce, after reading the pres
iuents message made the following
statement regarding railroad rate legis-
lation:
"As understand it, the president
does not desire to vest in the commits
sion arbitrary and uncontrolled power
to fix rates. He has repeatedly stated
that the action of the commission In
fixing a rate should be subject to re-
view by the courts and that the railway
companies should be furnished legal
protection against injustice. That be-
ing the case, a law giving to the COM
mission power to fix rates should not
be drawn in such manner as to give to
tue commission purely legislative
discretion in fixing rates. 1t should
give to the commission power to change
an existing rate only if the exercising
rate be unreasonable or otherwise in
violation of the interstate commerce
acts. and 1t should give to the commits
sion power to change a rate that is I'M
reasonable or otherwise unlawful only
10 the extent that such change may be
r necessary in order to remove the un-
reasona bleness or other illegality of the
rate. In other words, 1t should only
e:ye to the commission power to reduce
a tate to the maximum that would be
reasonable and lawful if originally I'M
uosed by the railway company. A
statute can be drawn to effect this re-
suit. If those who advocate vestlng
in the Interstate commerce commission
the power to fix rates are in good faith
seeking to carry,out the policy OF the
president they should be willing to &C
cent statute giving to the commits
sion power to fix rates substantially
in the following terms:
Senator Elkins' Idea.
"whenever any rate, fare or charge
fixed by any common carrier for any
service shall be unreasonable or I'M
Justly discriminatory, or otherwise In
violation Of any provision Of the act
approved Feb. 4, 1887, entitled An act
to regulate commerce, or any act
amendatory thereof, the interstate
commerce commission shall have pow
er, after investigating the facts and
hearing the parties affected. to make
an order modifying such rate, fare or
charge so far as may be necessary IN
order to remove the unreasonableness,
unjust discrimination or other illegal
ity thereof, and such order shall take
effect at the expiration Of such time as
the commission shall prescribe, not less
than -- days after publication there
Of.
"Any PARTY affected by such order
shall be entitled to institute proceed
ing to review such order in the circuit
court of the United States for any dis
trict through which the line of the
carrier may run, and If the court IN
such proceeding shall find that the
rate fixed by such carrier was not un-
reasonable, unjustly discriminatory or
otherwise hurtful, 1t shall enter a de-
cree setting aside such orders; but II
the court shall find that such order
modified the rate, fare or charge fixed
by the carrier either more or less than
was necessary in order to remove the
unreasonableness, unjust discrimina-
ton or other illegality Of such rate
fare or charge, then the court by It's
decree may modify and correct such
order accordingly"
Senator Elkins said he would favor
such a measure as he had outlined and
believed it meant solution of the
problem that had been agitating the
country for a long time. This is the
first Indication that has been given by
Senator Elkins as to the railroad leg1s-
lation he would support.