New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-10-27
SUPPORTS ELKINS LAW
Senator Foraker Says Rate act, If
Enforced, Is Sufficient.

Cincinnati October 26-Although confined to
his home and compelled to cancel several speak
ing engagements In the last few days. United
States Senator Foraker has been following
closely the agitation over railroad freight rates
and to-day gave to the press a statement, re-
latng particularly to the speech made by Score
tary Taft at Akron, Ohio, last Saturday night,
in which he says:
So far as I am it is universally ad-
mitted that in the past many evil practices nave
obtained; that some Of them still obtain: that
none of them should be allowed to continue that
an efficient and expeditions remedy shouid be
provided against all of them in SO far as legis-
lation provide The sole difference is as to
whether comforting the rate makng power on
the Interstate Commerce Commission is the
only. or even a necessary, remedy. Ny conten-
ton is that it Is not necessary and that or ali
the remedies that have been suggested it Is I'M
qualifiedly the worst
Senator Foraker says that there is no occa-
sion for comforting the rate making power on
the Interstate Commerce Commission to head
off any movement of a populistio character
under the direction of w. J. Bryan any other
such political leader, suggested by Secretary
Taft for any remedy should find its merit In
relieving shippers from possible rate evils
Senator Foraker contends that shippers do
not suffer from excessive rates or rebates at
this time. and that their real grievance against
railroads is for Determinations. These consist
not only of determinations between shippers
and localities, but Of determinations between
commodities in classification, by means Of ter
mnal charges, elevator charges, refrigerator
charges and many other kinds of charges and
devices. He says:
We undertook to deal with this trouble when
we passed the Elkins law. In that statute we
provided that 1t should be the duty of the In
terstate Commerce Commission, whenever 1t
should have reasonable cause to beheVe that
any unjust discrimination forbidden by law
be instituted IN the Circuit Court Of the United
States having Jurisdiction. and that it should
be the duty OF that court forthwith to proceed
to hear and determine whether there was just
ground for the complaint, and If SO, enJoln II.
The Supreme Court of the United states mas
upheld the validity of this statute This statute
has been in force ever since February 49, 1Soo'
This law is familiar to all shippers IL they
dom. take advantage of its provisions 1t is their
own fault think it stands 1t covers the
whole ground but I also think that 1t can be
made more explicit and still more efhcient ana
7 have drafted an amendment which / shall at
the proper time submit to my colleagues on
the Interstate Commerce Committee OF ehe pen
ate Under this amendment any proceeding
against a railroad will be not FOR the pe a
of the complaining shipper alone, but Tor
whole community Of shippers. "a - =,
The proceeding would, therefore, IN TACT, De III
behalf of the public and should be in the mans
Of the government, and at the expense OF uLe
government the railroads as the court Inls t
deem just and equitable. and in no case at the
expense of the shipper.
These proceedings should be commenced by
complaint filed with the Interstate Commerce
Commission which should conduct only pre-
Hminary Investigations to the extent of de-
terminiTe whether there is probable ground ana
when that point is reached the who're ma s
should be turned to the Department OF
Justice to be prosecuted. not before special
conrt which it would be, l think, unwfse to
create. but before the Circuit Court of the
United States having jurisdiction in the par
ticular case In this way these cases would be
distributed throughout the whole country ana
be confined to a judicial system with which we
are familiar and the working strength or wnich
we can increase found necessary by the APP
pointment of new judges Thus We would leave
the making of rates IL the hands of skilled men,
hut subject to immediate review, upon com
plaint by courts skilled in the weighing or testl-
mony, the analysis of facts and the application
of the law, and the same courts TO wnich, py
Tho nronosed legislation or any other legislation
that may be suggested the controversy Will
have to be submitted anyhow at some stage OF
the nroceedings for we could not, If so de-
sired take away from the parties tc the contro-
yersy the right to submit their contentious TO
the courts for final adjudication