Los Angeles herald., 1905-10-27
FORAKER'S VIEWS ON
RAILROAD LEGISLATION
REPLIES TO TAFT'S ARGUM ENTS
ON FREIGHT TARIFFS
Declares That Conferring the Rate
Making Power on the Interstate
Commerce Commission Is Worst
of All Remedies Proposed
BY Associated Press.


CINCINNATI, Oct. 26-Although
confined to his home under the orders
of his physician and compelled to can
eel several speaking engagements dur
ing the last few days, United States
Senator Foraker has been following
closely the agitation over railroad
freight rates and today gave to the
press a statement answering particu-
larly the arguments advanced by Sec
retary of War Taft in his speech at
Akron, Ohio, last Saturday night. In
the course of his statement Senator
Foraker said
mo question has arisen in American
politics in recent years of anything
like such Importance excepting the
free silver question"
He then takes issue with the assump-
ton that those who do not agree with
the remedy proposed by Secretary Taft
are opposed to any remedy whatever.
$50 far as I am aware" says For
aker, at is universally admitted that
in the past many evil practices have
obtained, but some Of them still obtain;
that none of them should be allowed
to continue; that any efficient and ex-
peditious remedy should be provided
against all of them in so far as legisla-
ton can provide. The sole difference
is as to whether comforting the rate
making power on the interstate COM
merce commission is the only or even
a necessary remedy My contention is
that it is not necessary and that of all
remedies that have been suggested it
is unqualifiedly the worst"
Senator Foraker outlines the nature
of the change which he would make
in the present law in the following
words:
"The proceeding would in fact be in
behalf of the public and should be in
the name of the government and at
the expense of the government or the
railroads as the courts may deem just
and equitable, and in no case at the
expense of the shipper.
"These proceedings should be COM
menced by complaint filed with the In
terstate commerce commission which
should conduct only preliminary inves-
legations to the extent of determining
whether or not there is probable
ground, and when that point is reached
the whole matter should be turned over
to the department of justice to be prose-
cuted, not before a special court which
it would be, 1 think, unwise to create,
but before the circuit court of the
United States having jurisdiction in the
particular case. In this way these
cases would be distributed throughout
the whole country and be confined to
a judicial system with which we are
familiar, and the working strength of
which we can increase as found neces-
sary by the appointment of new judges.
Thus we would leave the making of
rates in the hands of skilled men but
subject to review upon complaint made
by courts skilled in the weighing of
testimonies, the analysis Of facts and
the application Of the law and the same
courts to which, by the proposed legis-
lation or any other legislation that
may be suggested, the controversy will
have to be submitted anyhow at some
stage Of the proceedings; for we could
not if we so desired take away from
the parties to the controversy the right
to submit their contentious to the court
for final adiudication"