The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-20
DOLLIVER'S BILL.
A Railroad Measure Said to Have the
Presidents Approval.

Washington Dec Ex-senator Dolli-
yer has introduced a bill designed to
simplify the railroad regulating meas
ure proposed by the interstate commerce
commission. It authorizes the commits
sion to fix and enforce a maximum and
reasonable rate to go into effect 80 days
after notice. The court procedure of the
commissions bill is eliminated and rail-
stitutional remedies in the courts. The
commission is increased to seven mem
bers at a salary Of $4,000 each.
1t had not been the intention of the
senator to introduce the measure until
after the holidays, but 1t was agreed at
a conference at the White House, par
ticipated In by the president, Senator
Dolliver, Secretary of State Root, Attor-
ney General Moody and Judge S. H.
CoWan, of Fort Worth, Texas, that it
would be more effective to have the
measure referred to the senate commit
tee on interstate commerce immediate
ly. In statement Senator Dolliver
says:
1.-THE bill which I have introduced is
intended to correct some of the abuses
which still exist in the matter of rail-
road rates. It is not drawn in a spirit
of hostility to the railway system OF
the country, but in the interest of har-
mony and good Will between the rail-
ways and their patrons. 1t provides a
public tribunal impartial in its attitude
before which the shipper may present
his complaint against an existing rate,
and the carrier his defense nf the rate.
So that controversy arising out of
disagreement between the two may not
be left without an effective solution.
1.-THE bill avoids comforting upon the
commission dispensing power or any
authority to disturb commercial condi-
lions where separate markets are in
volVed or competitive ports or independ-
ent railroad systems. The jurisdiction
is confined to the carrier complained OF
and in the case or a joint rate TO the
carriers participating therein The pow
er is given in such a. case to the com
mission to investigate the subject fully
hearing all parties and in case the rate
complained of. or any regulation aIect-
ing it is found to be in violation or
the interstate commerce act, to correct
it by an order requiring the carrier to
6x its rates with reference to a reason
able maximum prescribed by the COM
mission
that such an order of the commission
should go into effect at the end OF 81
DAVIS unless in the meantime 1t IS mod
flied by a supplemental order OF the
commission or suspended or vacated by
order or decree of the circuit court OF
the United States exercising a Jurisdic-
ton in equity which will not be limited
or in any way abridged by an act of
congress. If such an order of the COM
mission is found by the court to be IN
fair to the carrier or unjust to the pub
lie we have the authority of the SUI
preme court for saying that it is the
duty of the supreme court to Yacate it.
The hill is framed on the theory Which
the supreme court has repeatedly held
to be sound, that a well constituted
commission is better able than lie
courts to deal with the question of
railway rates and with the understand
ing that no jurisdiction could be con-
ferred upon the courts to pass judgment
upon the order of the commission, with
a view to modifying its terms.
1.-The commission is enlarged to seven
members and their salaries made nearly
equal to that OF a Jusuce OF the su-
prene court of the United States.
1.-THE bill provides for a thorough in
spection forrailway accounts with a view
to bringing to light those inequalities
which have crept into the business OF
transportation through the greed Of in
fuential shippers, or through the pres
sure Of compeIitive conditions,