New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-08
RATE BILL TAKING FORM.
SENATE LEADERS, PLANS.
Outline of the Measure Which May
Finally Be Considered.
LFrom me rribuns Rursau.I

From The Tribune Bureau
Washington Dec. THE discussion among
the Senate leaders of the railroad rate iesisla-
ton which it is proposed to pass at this session
is now taking tangible form. and some outline OF
the first draft of a measure which viii be finally
considered may now be gi-en to the people.
It viii provide that having upon complaint
investigated the conditions attending given
railway rate and having Afforded both shipper
and railway opportunity to be heard, the Inter
state Commerce Commission shall be en-
powered in the event that it finds the rate pro-
tested against to be unjust, to declare what shall
by a just rate. and suck declaration shall
constitute prima facie evidence of the justice OF
such decreed rate, and such decrced rate shall
go into effect within thirty days after such de-
cision is rendered. unless the railway company in
voved shall appeal to the courts on the grounds
of fegaIity of injustice of thu decision Of the
commission.
In the event of such APPEAL within said thirty
days. the railway company shall be required to
deposit. under the jurisdiction of the court. the
difference between the rate decreed by the com
mission and the rate collected by the railway.
In the event of confirmation of the commissions
decision the excess collected by the railway shall
be refunded to the shippers but In the event Of
a reversal of the commissions decision such ex-
cess shall be returned to the railway company
TO LIMIT COMMISSIONS POWER
Provision will also be made whereby a rats
fixed by railroad and approved by the com
mission. or by the court. fixed by the com
mission and approved by the court or enforced
by the railway without appeal to the courts.
may be changed to meet changed conditions. no
specific time being set within which such change
may be made.
The authority of the commission shall be lin
tied, not only to cases where complaint shall be
made. but to the case of the carrier complained
Of thereby excluding from consideration Gues-
lions which may arise regarding the adjustment
of rates between distant sections of the country
and independent railway systems, and thereby
eliminating the difficult problem of locality dis
examinations.
The Presidents recommendation that "a sys-
tenn of examination of railroad accounts should
be provided similar to that now conducted into
the national banks by the bank examiners" will
also be embodied in the measure The defnl-
ton of common carrier will be materially and
specifically elaborated, so to include in so far
as is practicable, all those devices now utilized
to effect discrimination and one section If it
satisfactorily be devised, will deal with the
problem of preventing discrimination effected
by alleged inability of the railroads to furnish
cars to shippers along their lines. especially
shippers engaged in a line of industry in which
the railway. individually or by means of a sub
sidiary company is engaged.
IMPROVING on EsCH=ToWNsEND PLAN
The provision that in the event Of an ap-
peal by the railway from a decision Of the COM
mission the difference between the rate col
Iected and that decreed to be just by the COM
mission shall be deposited within the jurisdic
ton of the court, disposes of the grave objec-
ton presented by lawyers to the Esch-Townsend
proposition that a rate decTeed by the commits
sion 20 into and remain in effect until and
less the decision of the commission is reversed
by the court.
1t was pointed out that under the latter
proposition the railway. in the event that the
decision OF the commission was reversed in the
courts would have no recourse whereby it
could recover the difference in rates. despite the
fact that the courts had upheld the justice OF its
original and higher rate, and that such differ
ence. while amounting to comparatively little
TO the several shippers might in the aggregate
amount to a great deal to the railway company,
an amount which it would be grossly unjust for
the railway to lose through the fault of the com
mission rather than through any fault Of its
own.
It is expected that the House will pass rail
road rate bill not long after the holiday recess,
and that. when the measure comes to the Senate.
it will be whipped into shape partially in the
Committee on Interstate Commerce and partially
on the floor of the Senate although every effort
will be made to perfect the bill In committee.
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