Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-11-24
RAILWAY RATE BILL
Presented Today by Senator
Foraker.
AMENDS ELKINS ACT
EXPLAINED TO SENATE INTER-
STATE COMMERCE COMMITTEES.
Ohio Senator Talks at Length on the
Subject and Makes Favorable
Impression.

Senator Foraker today presented to the
committee on interstate commerce draft
of bill he has prepared and which he
believes will effectuaily remedy all COM
piaint In relation TO rate Determinations IN
this country. This bill is amendatory OF
the Eikins act.
The committee was In session two hours
today. and that time was devoted almost
exclusively to hearing Senator Foraker ex-
plain the provisions OF this bill. The SEN
ator received careful attention and repiiei
to questions that were asked. 50 that when
the meeting adjourned there was a very
full understanding of exactly what the
Ohio senator will advocate during the COM
ing session of Congress. There Is no ques-
ton but that his bill made very consd-
cradle impression on the entire committee
as one that is masterpiece in many re-
spects The exact extent to which this bill
Will receive the support of the committee
cannot be developed until further eonsia-
Grafton
Senator Elkins. chairman OF the commit
tee. In conversation with Star reporter
Immediately after the meeting said that ne
hoped 1t would be understood that there Is
no division OF the majority on the commit MT,
tee on the subject of rate legislation. 90
that SO far as all the republican members
know they will get together on a measure
which will prove satisfactory to all parties
port of all persons who desire TO effectuaily
eliminate railway rate discrimination In the
future.
Senator Foraker's Statement.
Senator Foraker, in his remarks before
the committee today. opened by stating
that while the results desired by the Pres-
dent should be accomplished IL they can be
secured without comforting the rate-making
power on the interstate commerce commits
sion or on any other governmental agency,
a number of very troublesome legal ques-
tons will be avoided. such as the constltu-
tional prohibition against giving preference
to the ports of one state over those OF an
other, the right to delegate legislative
power and all questions as to the power OF
the court to review the Legislative act OF
making rates except In cases that are con-
sistatory.
Senator Foraker reminded the committee
that in spite of the opinion given by the
Attorney General there is much difference
OF opinion among good lawyers as 10 nov
they should be brought UP by the govern
ment going into the business OF rate max
ing. It would be possible to have all this
legislation oyerthrown in the courts.
"The bill I have presented to the COM
mittee," said Senator Foraker. "ayoids all
OF these troublesome questions and at the
same time gives, / think, a more prompt,
more economical and more efficient remedy
by the government OF the rate-making
power"
He referred to excessive rates. rebates
and discrimination as the three classes or
abuses complained OF. He quoted the Presi-
den's statement to the trainmen Few days
ago that there is little complaint about
rates in and of themselves being too high,
but in the event of an excessive rate a rem
edy should be provided He regarded re-
bates as having largely been discontinued
since the passage of the Elkfns law, and
if not he regarded that law as providing
power to break up the practice.
1.-The great evil to be reached and dealt
with is discrimination" he said.
He spoke of discrimination between local.
ties and individuals. practiced under nu-
merous devices. such as terminal charges,
elevator charges, refrigerator charges. pri-
vate car line charges, classification charges,
false weight. refusal to supply cars equally
to shippers and In other ways. The Elhins
law of 1903, he said, was directly aimed at
this class of abuses. The Supreme Court
has upheld 1t, and wherever it has been in
voked it has been found to afford a quick
and complete remedy. 1t did not provide a
remedy against excessive rates, however.
and was not as specific and comprehensive
as it has been shown by experience 1t
should be.