Courier Democrat. (Langdon, N.D.) 1891-1920, 1905-10-12
REGULATION OF RATES
Legislation the Railroads Pro
pose to Enact.
CONTROL OF TRANSPORTATION
Senator Elkins Hopes to Convert
President Roosevelt to Mngnates'
ACKNOWLEDGEMENTS plan Will
Probably BE Endorsed by the Adj
miniStrntiOn,


Proposition-Democratic Plan Will
Probably BE IndOrsed by the Adj
ministrntiOn.
Senator Stephen T.. Elkins has evil
IDENTIFY been to New York to consult his
friends, the Wall street railroad mag
mates, about the plan Of campaign to
prevent rate regulation. From New
York Senator Elkins informs the pub
lie that all the Republican members
Of the senate committee on interstate
commerce have reached the conclusion
that there must be railroad legislation
this winter" The president, I under
stand" said Mr.. Elkins, SIS as emphat-
ic as ever in his Judgment that the rail
road rate and private car line problem
must be dealt with decisively. l think
there is no doubt that some sort of bill
will be passed. Just what its provi-
sions will be is, of course, a matter of
conjecture.
"My idea is a measure for the refer
ence Of all rate disputes, passenger and
freight, to q court Of interstate COM
MERGE to be composed of nine judges,
one for each judicial circuit of the
United States, or for such disputes to
be referred to the circuit court judges
without the creation Of a new court.
II do not believe that the interstate
commerce commission should be allow
ed to deal with the question. l would
keep that body intact to discharge its
duties as at present and would not
give it the additional work of regulat-
ing rates. My idea for the reference Of
disputed rate matters to the circuit
Judges meets with general approval in
Washington, and 1 hope to convert the
president to my view"
That interview was evidently careful
points made and the conclusions that
Senator Elkins and the railroad mag
mates have arrived at. First, "the pres
ident is as emphatic as ever" for regu-
lating railroad rates by giving more
power to the interstate commerce com
mission, but 81 hope to convert the
president to my view" "My view
which is doubtless also the view of
the railroad magnates, is that, as there
must be some sort Of a bill passed.
all the intrigue and craft of the cor
poration magnates and their attorneys
are to be used to concoct a bill that
while pretending to legislate agains1
unreasonable rates. will really enact
nothing that will disturb the railroads
from charging "all the traffic vii
bear"
Senator Elkins docs not believe tha1
the interstate commerce commission
) should be allowed to deal with The
question:" which has been and is thu
opinion of the railroads. but they are
willing to refer all rate disputes to
: court of the nine circuit court judges
This Endorsement of the judges OF tht
) United States ourts by Senator Elkin!
and the railroads as the arbiterS the!
would select to settle their dispute:
With shippers is really an indictmen
l of the judges. If the shippers shoult
declare they could not get justice i'll thu
: circuit court because the judges travel
) ed on railroad passes and were preju
l diced on the railroad side Of the rat
4 question. they would probably be pun
ished for contempt Of court. But, leav
poor show of settlement Of a rate ques
: ton there would be for a shipper il
such a court.
, The shipper. whether farmer OF bust
ness man. who felt that a railroad wa
: charging him an unreasonable rate
, would first have to apply to the inter
state commerce commission to hay
the rate declared unreasonable. Tia
: would take time, and when the evi
: dence on both sides had been heard AM
: the rate decided as unreasonable. thel
the shipper would have to begin an &C
ton in this our composed OF all tn
nine judges Of the United States Gil
cult courts sitting in banco. How Ion!
) would it take to get a majority OF tina
| court to assemble to heal the case: |
l might be years. Then the interminabl'
delay that the railroad attorneys-th'
> ablest that money can hire-could pro
duce.
, And vet Senator Elkins and the rail
l road magnates hope ito convert tl'
I president to such a proposition.
! 1t is we'll to note that the Democratic
! senators are not included in his eX
traordinary plan for fooling the people
j, This is Il Republican plan, as Senator
Elkins distinctly informs US. ant
shows plainly the copartnersLip he
tween the Republican leaders and tn
railroads. President Roosevelts plan
at the last session of congress was sim
ilar to the Democratic plan, Which WA:
known as the Davey bill, and there IS
no evidence that he or the emocra
have changed their minds.
The Davey bill, in short, PROVIDED
that the interstate commlS
sion be given power to fix a rate II
place of one decided to be unreason
able and the rate to remain in force
II until the courts decided that it was too
low or c~ontiscatory of the property O
Il the railroads.
That Is the plan that probably botl
President Roosevelt and the Democrat:
x,,;lJ ,bil, l, and nnSsihlN the Demo