Bisbee daily review., 1905-12-21
Interstate Commission Will Have the Power
 to Fix Rates
AGREEMENT A SURPRISE
ElkiD'S Sanction of thG Bill Entirely UnexpGCted--COm
 mission not Satisfied

Washington, Dec. 20-The sugges tions put forward by Senator Elkins. giving a general outline of his ideas as to what ought to be contained in a bill proposing to give to the inter state commerce commission the power to fix maximum rates, as recon mended by the President, are regarded as a very substantial concession from one of the senators who has been un- derstood to be strongly opposed to the administration policy. Senator Elkins proposes to concede at once what has been regarded as the all-important feature of the Presidents plan
 Notwithstanding the strong opposi- ton that has been made on behalf of the railroads to all propositions to give the interstate commerce com mission power to fix rates in any form. the senator from West Virginia him. self a railroad man, now proposes to give the commission exactly the power that the President has recommended that of deciding what would be a maximum reasonable rate Q take the place of challenged rate, this de- eision to go into effect within a req sonable time and obtain from thence onward, subject to review by the courts The action of the West Vir- ginia senator in proposing legislation exactly in line with the language of the message would seem to substan- uate the reports that have been in circulation representing that he had surrendered to the President
 The surrender may be complete enough to satisfy the President, but ii is Tot satisfactory to the advocates of the legislation sought by the in telstate commerce commission and by Jose who have been following the Had of E. P. Bacon of Milwaukee. does not give to the commission zSzsA power to Pake either absolute or minimum rates; neither does the President recommend that such power be given. The suggestions of MT. FL kins as to the character of the judi cial review to which the orders of the commission should be subject are in perfect accord with the recommends tons of the President; but they are not satisfactory to the extreme advo- cates of increasing the power of the commission. Senator Elkins proposes to give to the courts the right to make . real review and pass upon the real question at issue-that of the reason ableness and legality of the rate orig inally challenged.
 The supporters of the interstate commerce commission bill and of the Esch-Townsend proposition are both opposed to this. They would preclude the courts from any consideration of the question as to whether the orig inal rate was reasonable or unreas- enable, legal or illegal, and would conflne them to the single question of whether or not the new rate made by the commission was confscatoTy and unconstitutional.
 The Elkins proposition is opposed by Senator Deliver and others on the ground that it would involve two law suits instead of one and prolong the life of the controversy. Senator Dolli yer has gone so far as to declare that he would prefer the Foraker proposi- ton to that of Senator Elkins, for the reason that under the Foraker bill the matter would be taken into the courts in the first instances.