The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-12-25
SUBMITS PLAN TO
REGULATE RATES
Idea of Minneapolis Man Is
Being Considered by Presi-
dent Roosevelt,
Several Of the Provisions Have
+ Been Heartily Endorsed by
+. Federal Officials.

feature Of the present congress, and
while the thousand and one plans to be
offered are being considered it will be
necessary to consider one Minneapolis
plan. The plan is already in Washing
ton, where it has received considerable
attention from President Roosevelt, At
torney General Moody and the inter
state commerce commission.
The plan Is the work Of Charles j.
Traxler, Minneapolis attorney with
Offices In the Lumber Exchange. AS
counsel for number Of freight receiv-
ers' associations he has become inter-
ested in the freight problem and for
In November the plan was brought to
the attention of President Roosevelt
by certain congressman who had be-
come interested. Thru Secretary Loeb
the president asked the details Of the
plan and was furnished them. Later
more information was asked by the at
torney general and since that time there
has been a continued correspondence
between Mr.. Traxler, Attorney General
Moody and Edward A. Mosley, secre-
tary Of the interstate commerce COM
mission.
Provisions of the Plan.
Most Of the provisions Of the Traxler
plan are entirely original, but some Of
plans proposed by the interstate COM
mission itself. In one particular this is
especially true. Both plans abandon the
idea Of q special court and substitute
the United States circuit and district
courts.
Mr.. Traxler's plan, which is prepared
and th sns the PAYER Of fTeqht pro
vides first for the appointment Of a
non-political body, as is the interstate
commerce commission at present. 1t
gives that commission full power to
Investigate all complaints relating to
irregular rates, discriminating rates,
private car lines, etc, covering this
ground completely, and the right to in
stitute proceedings wherever deemed
necessary or advisable. ..<. 49,.
Railroads Fix Rates.
It does not give the commission
power to fix rates, but leaves that
= power with the railroads. All investi-
CATIONS are to be instituted in the
United States circuit or district court in
the district where the cause Of action
arose. It provides for referee, SINH
lar to the referee in bankruptcy, before
whom all hearings shall be held and
who will report all findings to the court
the findings Of the referee In all cases
to be final. The court is then given
power to pass Judgment either by the
fxing Of damages or by the issuance of
restraining orders to prevent the re-
currence Of the act.
Cause being shown why action should
be begun before the referee, the rail
roads themselves shall be summoned tc
show cause why, the application of the
mission should not be granted. In
other words, the burden Of proof, wher
a charge Of Improper or unjust rating Is
made, is shifted to the railroad com
pany, which shall then appear to Jus
tify or defend the existing rate: The
expense Of the prosecution and the
court shall be borne by the commission
To Prevent Delay.
- There is further provision that the
referee shall report his findings to the
court within ten days after hearing
and either party may bring the ques
ton to the, court inside OF twenty d "a;
i IS to- prev Se delay De- and the eontin
uance Of the rate If it be unjust.
When the rate or practice complained
of has been found improper or unjust
to make new rate. If it is not salts
factory the same charges may b.
brought again until such time as ;
proper rate has been secured. If TIN
charges fail and the rate is sustained
it will stand until conditions may arts
that will necessitate change.
The plan therefore has three origina
points.
First-It leaves the rate-makin
- power with the railroads. .>-
Second-It shifts the burden of proc
to the railroads.
Third-It eliminates all questions o
constitutional law raised against a.
other plans.
Mr. Traxler's Views.
In support Of his plan Mr.. Traxle
- says ,; .,on aiuos +bo commission
itself no power to fix rates or enforc
laws. In other words, to answer tn
questions of constitutional law, Their
is no combination Of the legislativ
and judicial functions.
"The carriers themselves are pecr
liarly in a position to have full posses
sion of the facts and can present Jus
those facts needed in the considerable
= Of any special rate The shifting 0
the burden of proof to them relieve
the complainant, who would otherwis
the Carriers carriers themselves S This isis is ofte
impossible, as methods of bookkeepin
differ and vital points may be easil
concealed.
'EIt avoids the constitution of a SPIT
cial tribunal Tor special industry, a
- objection that has been made to othe
plans.
cit also makes use of the estal
Eshed federal courts. The same court
! that hear other federal cases can COZ
j slider these rate cases. Referees ca
: be appointed as at present in banl
ruptcy, to act in the same manner.
Rates Not Endorsed.
"By leaving the rate power with tt
: roads themselves the governmel
: . avoids the responsibility of indorsin
( thru it's courts or thru it's intersta
] commerce commission, any rates. TIL
would be the case should the rational
ing power be turned over to any go
eminent body. Once having been fxe
4. Continued on I'd Page, I'd Column.