Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-04-18

charges and determinations was not en-
forced was because no police arrangements
were provided. The condition is the same
as if certain acts were declared 10 be p I'M
ishable in the courts with no machinery Tor
the enforcement of the law.
The commission has devoted its time 10
holding elaborate hearings and writing
opinions which, the Supreme Court mas
said. go for nothing. The usefulness Oh
the commission would be increased II sec
tons IL. II and Is were amended TO puI
an end to hearings. The commission should
be made an effective police to prosecute
violations of law when they occur.
1t has never tried to do it in the past
Occasionally it has filed a complaint. The
commissioners consider themselves consti-
tuted to pass upon great questions rather
than to prosecute violations of law. His
recommendation was the commission. when
ever it thinks the law is being violated.
should at once institute a proceeding in a
suitable court for its proper relief.
Senator Dolliver said that was provided
for in the Elkins law
Mr.. Morawetz said the commission does
not do it. There are opportunities for the
commission to do SO. but it does not do IL.
Senator Dollver said that he understood
such case was to be brought against the
Atchison
The witness replied that he had seen
such reports in the newspapers. and he
sure that if that company had violated
the law it should be punished, but he knew
of such case.
Program of the Committee.
At the meeting of the committee yester-
day afternoon the program of procedure
laid out by Senator Elkins. the chairman,
was approved The power to fix rates, pri-
vate lines and terminal facilities and
other cognate matters will be considered.
Attorney General Moody, at the request
OF the committee, has prepared exhaustive
opinions on several points to be covered in
the hearings, which will be submitted to
the committee within a few days. The
opinions will cover the power of Congress
to delegate to commission the fixing of
rates, including the right to reduce rates
and force a reduction of expenses: also the
constitutional question to the right of
the government to allow differentials be-
tween different ports in case rates are
fixed. AT present differentials In favor OF
some ports are allowed by agreements
among the roads The question raised is
whether the government can allow such
difrerentials If it fixes the rates.
Chairman Elkins was asked If he knew
what the opinion of the Attorney General
would be, and gave it as his opinion that
the Attorney General would hold that Con-
gress had the power to delegate to COM
mission authority to fix rates.
Since the adjournment of Congress many
petitions for and protests against the Esch-
Townsend bill have been received. These
were laid before the committee yesterday
afternoon. A statement by Senator Morgan
was presented to be printed as a part OF
the hearings.
Senator Newlands made long argument
in support of his joint resolution crea ting
commission to frame a national incorpora-
ton act for railroads engaged in interstate
commerce.
1t is expected that the hearing will close
by June l. The railroad men who have
been asked to appear will be heard first, and
afterward the men who have notified the
committee they would like to be heard
There is no disposition to delay the hear
ing or to prolong it,, said Chairman Ell
kins. This is a question which must be
met, and are here for the purpose of
getting the information to meet it..