The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-01-13
HEPBURN WILL -.
DRAFT RATE BILL |.
Would Increase Railroad Commits
sion's Powers and Create
Appeal Court.e
Roosevelt's Leadership Of Party
Is an Attendant Issue in
Struggle.


appearance Of the tariff as burning
issue between congress and the ,presi-
dent, legislation providing for better
regulation Of railroads has acquired in ,
creased Importance. A number Of Bills
have already been introduced bearing on
the railroad situation, and some OF them,
especially the Cooper Quarles bill, have
been widely discussed in all parts of the
country. Other bills are in course of
preparation, and will probably make
their appearance in a short time. Per-
haps the most important of these IS the
bill now being drafted by Representa-
tive Hepburn, chairman of the house
committee on interstate and foreign
commerce, which has charge of all legis-
lation Of this character, and which will
eventually present tho bill destined to
come to roll call in the house.
Foes to Revision.
1t is noteworthy that majority Of
the members of the two houses who
now understood to favor early railroad
Legislation. Mr.. Hepburn is a conspicu-
GUS member of this class. He, with
his colleagues, has taken what he be-
lieves to be the shorter, horn Of the
dilemma.
1t is asserted that the railroad and
manufacturing interests of the country
tion, but that the larger proportion Of
the former and nearly all Of the latter
think the rate question should take eff
fective legislative form at an early day.
According to this view, the so-called
"granger states and agricultural sec
tions of the country are almost alone in
their demand for revision, but are on
common ground with the great manufac-
turers and railroad managers as to the
lrnto NJ
Hepburn 3 class may therefore be sup
porting railroad legislation as means
of escape from tariff revision.
President as Leader.
This struggle involves Indirectly the
question of whether or not the presl-
dent is to be the actual leader of his
party. His willingness to put the
tariff aside, in accordance with the pro-
gram previously announced, does not i'm
peril his position. If he should secure
action by congress, as to the railroads,
along the4lines of his last message, his
1 position as leader and director Of his
party's affairs will be unquestioned.
The Hepburn bill will probably be a
president and his cabinet. Other mem
bers Of the. house, notably Messrs. Esch
of Wisconsin and Townsend Of Michigan
have been widely advertised as having
been selected by the president to pre-
pare such bill. What such an adver-
tisement is. worth to these gentlemen
remains to be discovered, but it is clear
that the president has not appealed to
them for the preparation Of a measure
embOdying his views. Any work which
they may do in this direction will be per
formed voluntarily.
Provisions of Bill.
It is understood that the bill being
prepared by Hepburn, and which it i:
understood the president would be glal
to sign, if passed, will contain the fol
lowing propositions:
First-A provision to confer upon tn
present interstate commerce commission
power to fix a rate whenever the pre-
vious ratio is shown to be unjust, unrea
sonable or discriminatory.
Second-A provision for new cour
to try railroad rate cases only, review
ing rate cases appealed from the com
mission, or this appellate court may b.
8 formed by adding new circuit judge
and selecting a court from all of tn
circuits. ...-
8 An alternative bill which it is under
s stood will be acceptable to the admins
l. tration, and which Hepburn may pre-
e sent instead of the one just outlined
/, will provide for stripping the interstat
t commerce commission Of all it's admins
r
D schedules Of rates and reports of opera
!, ton of roads and enforcement Of safet
i appliance and other laws, and will Gre
q ate, a new division in the department
!, Of commerce and labor, with O sufficien
r. force Of officers to compel compliance 0
+ roads with the various laws and order
o of the commission relative to rates.
q By this means the commission woul
q :, be free to devote it's entire attention
- ! rate questions and litigation.
J. Operative Immediately.
=. Under the first proposition the deci'
. ions Of the interstate commerce commits
:, sion on freight rates would be operativ
: immediately and remain in force unit
The provision creating court to col
" slider rates only brings up the plan fl
e the appointment of an additional jude
Il in each Of the nine. circuits in the cou,
try the chief Justice Of the suprem
court, at the beginning Of each year
~ all the judges certain number of ci
!. cult Judges who are to compose RAJ
- court to try these cases and nothing els
Ut Two Railroad Courts.
"a Under the alternative proposition i
10 take administrative functions from Il
80 Interstate commerce commission, tn
10 commission would remain simply tri
- court for railroad rate cases, and IL
n creation of a new bureau in the depa1
m ment of commerce would vest that d
of partment with police power to see TIL
ut the laws of congress and decisions of tt
n interstate commerce commission we
is enforced in connection with the depal
IN ment Of Justice.
. A bill such as outlined would, in t
ct opinion of those who have followed t.
n, question closely, meet the approval
w. members Of the house and senate col
n mittees of interstate commerce, partic
lie. larly those who object to the Coopt
it. Quarles bill as being either unconstit
~ tional or Ineffective. They say tn
: such a bill would be constitutional,
VA it would confer upon each branch of t
w government named, its proper functi
' nt as provided in the constitution.
~, ~ According to prominent member
49, - the house committee, practically eve
~, member of that committee believes
~ ~ government should have the stronge
g. possible control and regulation over ra
Is, roads, including power to fix "a
~, whenever it is challenged and found
W. be unreasonable or discriminatol
: | Continued on, Cd Rage, lst Column,