The Montgomery advertiser., 1905-09-25
REGULATION OF RATES
WHAT WILL CONGRESS DO IN THE
 PREMIsEsY
PubIfc Men BelfevinG That Some Sort Of Dennite Agreement is to Be Reached In Matter
 Much Discussed.
Advertiser Bureau, 5of Fourteenth Street. \. w.,

l Advertiser Bureau,
 5of Fourteenth Street. N. w., l. Washington, Sept. 24 what kind of agreement will be
 reached in the problem of railway rate I regulation in response to the insist ence of the administration in this di- rection Is now said to be assuming in | the minds of leading Congressrnen
 something s.s, Ike a definite arnsn,f form: Tss
 unlike those suggested in the hearings
 spring. 1t is predicted that there will | the Interstate Commerce Commission the the number of Unitsd States circuit judges in. order to secure prompt action there will be no additional or special courts created; that the power of the interstate Commerce Commission will decisions of the eommission in given cases wherein complaints are brought against unjust and negotiable rates: that. as now. the commission may de- just. with the additional provision of law that such decision of the commis- sion shall cayry with 1t penalties fails to desist from charging the rate complained of: that the burden of ap- peals from. decisions by the cormis. sion shall be upon the railroads: that
 
 strengthen the EIkins anti-rebate law; and that there will be positive enact- rnent to check the abuses of private car
 This particular policy will. of course, be dlsappointing 10 the extreme advo- cates Of railway rate regulation, who have been insisting that full Govern CT shall be lodged in the commission; that it will satisfy the railway man agers who. assert that there is already public against unjust charges in trans portation. But 1t will be compromise and long step in advance of present in railway rate fixing, and at the same time place strong curbing hand over the transportation companies. This, Legislation to correct the abuses incl dent to private cariine operations, ter minals and switching, will be so effec- tive as to satisfy the conservative eie- ( stronger governmental hand ih tfans- portation affairs.
 President Roosevelt. in his last mes
 ass swhe sH m o ess sss epSxn sS ssx that at present 1t would be undesirable, if it were not impracticabie, finally. to thority to fix railroad rates, do be- lieve that, as a fair security to ship pers, the commission should be vested with the power, where a given rate ing fealnd to be Unreasonable. to decide, subject to Judicial review, what shah be a reasonable rate to take its place; the ruling of the commission a .s to take Ike and nnlesg. 1t is reversed by the court " Notwithstandins the Presidents dep eommission with general authority to fix raiircad rates," tne leading lawyers of Congress say that his logic leads to just that thing; c, The a acompromklse 1k sus- mission making rates, out gives force and effect, supported by penalties. which do not now exist. to every deei- road rate as unjust The possibility of the railroads trifiing with such q proposition, which has been suggested, and simply reduce rates slightly to mission is scoffed at by the advocates of the compromise, who contend that the railroads are managed by shrewd the power of public sentiment and the force of legal ehActmspts intended to carry out the will of Congress in It's of the Consultation which unmJstaka6iy gives to Congress the power to control interstate commerce,
 Altogether the evidence is very plain just now that the controlling members of the committees of the two houses having railway rate questions in hand will insist upon moving slowly; that they will look upon the compromiss correcting abuses and making effeetive the decisions of the Interstate Com mefce Commission, which would itself such as 1t is, constitutes nearest thing that may be expected of the Ftfty-ninth Congress in the way of railway rate
 How far anything so far advocated with any appearance of support will meet the views of the railroads may perhaps best be judged by comparing 1t with what Mr. Samuel Spencer presi- say in his testimony before the Senate Interstate Commerce Committee, espe- cially as he was credited with com- ing nearer than any other railroad man to giving the railroad side of the main points In controversy.
 Said Mir. Spencer. giving his views as to what seemed to him the most prac- ticabie way of handling the question:
 "FirAt-Form an interstate commerce court, or so increase the number of judges of the existing court that a special interstate commerce court can shaii have special Jurisdiction over all cases arising under the interstate com merce act and its amendments; this by the commission on complaint and hearing to be unreasonable before the rate shall take effect. there being no appeal from the decision of this court to the Supreme Court, except upon questions of law, and no stay during such appeal.
 "second--Bring the private car lines. fast freight lines and the water lines doing a through insterstate traffic with | in the Jurisdiction of the interstate commerce act.
 "ThIrd--Relieve the carriers of the existing prohibitions against making | reasonable agreements among them | selves for the purpose of maintaining | lawful rates, the agreements and rates to be subject to the previous approval
 of the Interstate Commerce Commis-
 HFourth--Enforce the existing laws, not only as mater of administration | of law and justice, but as the most | effective means of eliminating the num- | T want to reiterate." said MT. spen- 1 cer, that we are not here asking that thehe shali be no Legislation. If In the | wisdom of Congress 1t Is thought
 proper, I suggest that 1t should take | this line: Form an interstate com merce court, or probably. better still, | give special functions to special sit- l tings of the circuit court of the United | States Give to the commission the ! right to name the rate, subject to ap- | peal to the courts. That will leave | the question where 1t Is if the rail- | roads acquiesce, and they have ac- quiiescsd in nearly 30 per cent of all | the casee Now, if they do not ac- | quiesce and take 1t to the courts. let