The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-09-12
ELKINS RATE BILL
EXCITEs SUSPICION
Rate Reformer's Friends Fear It
Is Intended Merely to Block /
Effective Legislation. Il
BY w. w. Jermane.

Washington, Sept 12.-Inquiry in
Washington discloses the details of one
of the schemes which the railroad mem
bers of the senate committee on inter
state commerce may adopt in framing
bill on the rate question. It is said
to be the scheme of Senator Elkins per-
sonally, altho this statement is unveri-
fed. Such. bill, it is said, was drafted
in the closing days Of the last session
of congress by Representative Mann
of Chicago, and introduced in the
house.
The scheme provides for an appeal to
special federal court in all disputed
rate questions. The court in passing
upon the case is to determine whether
the rate complained of was Reasonable
at the time it was promulgated, but
is to 90 no further. This decision hav-
ing been rendered, the finding of the
court will go into effect automatically
OF 1t as fixing the rate for the future.
Avoids Presidents Objection.
This plan, it is said, would avoid the
| point made by the attorney general and
the president, that rate-making is
| legislative and not a judicial function,
and must therefore be exercised by con-
| gress, directly, or thru a commission,
and not by the courts.
The scheme as here outlined raises
| the question whether the supreme court
would permit that to be done by indi-
rection which is prohibited when done
| directly. The president in his Will
Jams college address, late in June, an
nounced in positive language that rate
making was legislative and not jul
dicial function, and that judicial pow
ers could not DO used for that purpose.
This is in keeping with the opinion Of
Attorney General Moody, given the
senate committee in May, and indicates
that the president is not unaware of the
probability that the railroad members
of that committee will try to befog the
issue and hand the public gold brick
in the form Of bill passing the entire
| question up to the courts.
Commission Members Silent.
Members of the interstate commerce
commission decline to discuss the Ell
kins method as outlined in the sena-
tors New York interview, but 1T IS
clear that, with their present informa-
ton regarding Mr.. Elkins' plan,- they
are inclined to hold that he is clearly
within the constitutional prohibition
pointed out in the Moody opinion.
It is apparent that if congress were
to pass a bill based on the lines out
lined by Mr.. Elkins, that bill, if APP
proved by the president, would have
| to run the gauntlet Of all the courts,
involving a delay of perhaps several
,, years before it could 60 into effect, and
there would be danger that the SUI
preme court, in passing upon the ques'
ton, would hold that the bill was I'M
, constitutional in that it was an effort
! to secure by indirect methods what
could not be secured by direct ones.
"Joker'' Is Suspected.
Any bill to which Mr.. Elkins gives
his hearty assent, it is believed here,
> will have to be scrutinized closely by
the friends of the president IS policy in
y order that they may be sure that it con.
tains no "ioker,o and is calculated
; to give the relief which the public de-
mands.
1t might be comparatively easy for
: the railroad men in both houses OF con.
l gress to defeat all railroad rate legis'
t lation by rallying around some such
$ proposition as that favored by Elkins
y They could pose as friends Of the pres
ident IS policy and claim that their rem
: edy would be entirely effective. This
y claim would be denied by the friends OF
= genuine legislation in the two houses
: and in the debate which would follow
: the defeat of all railroad legislation
might be accomplished.
It is becoming increasingly evident
that legislators who really stand witt
the president will have need to cate
chiseI with much care all legislator:
who come to them claiming to belong tx
their clan, but who offer instead Of the
bill Endorsed by the president, bill
8 Of their own, seeking to lntrench upor
S the questionable ground of regulation
s by. means of the judiciary.