The Forrest City times., 1905-12-08
RAILROAD RATE
 LEGISLATION
Senator Elkins Discusses the presi- |. dents Recommendations.
HIS UNDERSTANDING OF THEM
As Chairman of the Committee on Isterstste Com m~rce He Outlines solution For the se,ed
 Problem.

Washington, Dec 6.-SeHatof Elhins. chairman of the committee on inter stste commerce, after reading the pres ident's message, made the following statement regarding railroad rate legis- ation.
 As understand 1t. the president does not desire to invest in the com mission arbitrary and uncontrolled pow CT 10 fix rates. He has repeatedly stat- sd that the action of the commission in fixing rate should be subject 10 re- view by the courts, ard that the rail- way companies should be furnished le- gal praeal. ion against anY injustice. That being the case, law giving 10 the commission power 10 fx rates sbolld not he drawn in such manner as to give to the commission purely legislative discretion In fixing rates. It should give to the commission power 10 change an existing rate only if the existing rate he unreasonable or otherwise in viola ton of the interstate commerce acts, and fl should give to the commission power to change a rate that is unrea senable or otherwise unlawful on'y 10 the extent that such change may be necessary in order to remove the un- reasonabeness or other iHegality of the rate. In other words, it should only give to the commission power 10 re- huee rate to the maximum that would be reasonable and lawful If originally imposed by the railway company. A statute can be drawn 10 effect this re- result If those who advocate Vesting in the interstate commerce commission the power 10 fix rates are in good faith seeking to carry out the policy Of the president. they should he willing 10 ac- cept statute giving to the commiS- sion power to fix rates substantially in the following terms:
 When any rate. fare CT charge fixed by any common carrier for any service shall be unreasonable or uniustly dis criminatory, Or otherwise in violation of any provision of the aet approved February 1. 1887. entitled "an act to regulate commerce. or any act amen datory thereof, the interstate commerce commission shall have power after in vestgating the facts and hearing the parties affected. to make ar order mol flying such rate fare or charge. SD far as may be necessary in order 70 remove the unreasonableneSS. unjust disCrim- ination or other illegaiity thereof; and such order shall take effect at the ex- pirat!on of such time as the c0mmis- sicn shall prescribe not less than ...... Gays after publication thereof
 Any party affected by such order shall be entiiled to institute a proceed ing to review such order in the circuit court of the United States for any dis trict through which the line of the car rier may run. and if the court in such proceeding shall find tha; the rate fixed by such carrier was not unreasonable pnjustly discriminatory or otherwise uu- lawful. fl shall enter a decree setting aside such orders, but if the cour: shall And that such order modified the rate fare or charge fixed by the carrier either more or less than Mas necessary In order 10 remove the unreasonable ness. unjust discrimination or other H. legality of such rate. fare or charge then the court. by it's decree. may mod ify and correct such order accordingly.
 Senator Elkins said that he woult favor such measure. as he outlined and believed il meant a solution of th' problem that had been agitating th' country for long time. This Is th' first indication that has been gwen b, Senator Eikins as to the railroad legis lalion lie would support