The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1905-09-15
PROPOSED RATE LAW REGARDED
WITH SUSPICION.
BELIEVED TO BE A BLOCK
Belief That Measure Is Intended for
Purpose of Preventing Eff
fective Legislation.

Washington, Sept. l4.--lnquiry IN
Washington discloses the details of
one of the schemes which the rail-
road members of the senate commit
tee on interstate commerce may adopt
in framing "a bill on the rate question.
1t lis said ito be the scheme of Senator
Elkins personally, although this state
ment is unverfied. Such bill, 1T is
said, was drafted in the closing days
of the last session of congress by Rep
resentative Mann of Chicago, and in
troduced in THE house.
The scheme provides for am appeal
to a special federal court i'm all dis
puted rate questions. The court in
passing upon the case is to determine
whether the rate complained of was
reasonable at the time it was promul-
gated, but is to go no further. This
decision having been rendered, the
finding of the court will go into effect
automatically by the railway conn
pany's acceptance of it as fixing the
rate for the future.
Avoids Presidents Objection.
This plan, it is said, would avoid
the point made by the attorney gem
eral and the president, THAT rate MAX
ing is legislative and not a Judicial
function, and must therefore be exer-
cised by congress, directly, or Through
a commission, and not by the courts.
The scheme as here outlined raises
the question whether the supreme
court would permit THAT to he done
by indirection which lis prohibited
when done directly. The president in
his Williams college address, late in
June, announced in positive Language
that rate-making was a Legislative and
not a judicial function, and that jul
dicial powers could not be used for
that purpose. This is i'm keeping with
the opinion of Attorney General Moo
dy, given the senate committee i'm
May, and indicates that the president
is not unaware of the probability that
the railroad members of that commit
tee will try to befog the issue and
hand the public a gold brick in the
form of a bill passing the entire ques-
tion up ITO the courts.
Commission Members Silent.
Members of the Interstate COM
merce commission decline ito discuss
the Elkins method as outlined in the
senator's New York interview, but lit
is clear that, with their present infor-
nation regarding Mr.. Ellin's plan,
they are inclined to hold that he is
clearly within the constitutional pro-
Inhibition pointed out in the Moody
opinion.
1t is apparent that if congress were
to pass a bill based ON the lines out
lined by Mr.. El1ins, that bill, if ap-
proved by the president, would have
to run the gauntlet OF all the courts,
involving a delay Of perhaps several
years before it could go into effect,
and there would be danger that the
supreme court, in passing upon the
question, would hold that the bill was
unconstitutional in that it was an eff
fort to secure by indirect methods
rect ones.
"Joker" Is Suspected.
Amy bill to which Mr.. Elkins gives
his hearty assent, it is believed here,
will have to be scrutinized closely by
the friends of the presidents policy in
order THAT they may be sure that it
contains no "joker," and is calculated
to give THE relief which the public de-
mJands.
1t might be comparatively easy for
the railroad men in both houses of
congress to defeat all railroad rate
legislation by naIlying around some
such proposition as that favored by
Elkins. They could pose as friends
of the presidents policy and claim
that their remedy would be entrely
effective. This claim would be de-
nied by the friends of genuine legisla-
tion in the two houses, and in the de
bate which would follow, the defeat OF
all railroad legislation might be ac-
complished.
1t is becoming increasingly evident
THAT legislators who neatly stand with
the president will have need to cate
chise with much care all legislators
who come to them claiming to belong
ITO their clan, but who offer instead of
the bill indorsed by the president, a
bill of their own, seeking to intrench
upon the questionable ground of regu-
lation by means of the Judiciary.
STRUCK BY LIGHTNING,