Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-03-30
TO CONSULT LAWYERS
Learned Views on Congress
sional Rights to Be Sought.
CON troll OF RAILWAYS
POWER TO FIX AND REGULATE
FREIGHT RATES CONSIDERED.
Senator Elkins Busily Engaged on
Plans for Continuing a Hearing
by His Committee.
CON troll OF RAILWAYS

Senator Elkins, chairman of the Senate
committee on interstate commerce, is daily
busily engaged on plans for continuing the
inquiry his committee is making in refer
ence to railroad-rate Legislation. The Esch-
Townsend bill, passed by the House of Rep
resentatives, was before the committee In
the last session of Congress. but the COM
mittee now proceeds with a free hand to
procure information that will warrant 1t In
drafting a bill that will cure the troubles
that have been complained Of in relation TO
railroad rate discrimination.
Such bill, 1t is hoped by Senator Elkins,
will be ready for submission to the Senate
next fail. But there are still many diifi-
culties in the way of finding a satisfactory
solution OF this question.
Will Meet April II.
The committee will meet in Senator FL
kins room to continue hearing witnesses,
according to authority given by the Senate
before adjournment, on the 18th proN.. and
for some time after that the committee VIII
be in session practically every day in order
to dispose OF the large number of witnesses
that will be brought before II.
In the meantime Senator Elkins proposes
to adopt a method for procuring reliable
information that it is thought VIII produce
submit to a number of eminent lawye s or
the country, not connected with railroad
interests, several questions as to the con-
stitutionality of certain proposed lesisia-
ton in relation to the power of Congress TO
adopt measures for such railroad controi.
For instance, 1t is serious question
whether Congress can. delegate to a COM
mission as proposed in the House DILL
power to fix railroad rates. At least there
is wide difference of opinion on that SUD-
ject and it is the earnest desire or Sena-
tor Elkins, when he gives his sanction 10
a BILL to have Ii so framed that II IL Is
ma assed by Congress- 1t cannot be nullifed
by having its salient features declared un-
constitutional by the Supreme Court OF
the United States, for ii Is pracucaily GER
tain that any law that congress may PASS
not welcomed to the railroads VIII De
tested in the courts
Learned Views to Be Sought.
In fact this is the keynote to the course
that Senator Elkins is taking. He is anx-
ions that when a law is enacted ii may be
so carefully considered that II will stand In
the courts That he believes to be the way
to make real progress.
There are other propositions for the reg
ulation of rates that have been made from
time to time, and upon cursory examina-
ton some of them have commended them
selves to many persons as onerLng relief
from rate discrimination. But in many of
these cases good lawyers have not been
satisfied that the proposed legislation would
stand in the courts. Mr. Elkfns does not
wish to give his sanction to any measure
until he is satisfied that it will Withstand
the attack of any interest that may be ar
rayed against 1t in the courts.
BY procuring the opinions OF eminent
lawyers of the country on the constitu-
tionality of several of the leading propoSf-
tons that have been made for the regu-
lating of railroad rates Mr. Elkins expects
to get a series of legal opinions that VIII
be of the greatest value in his committee
In determining these problems. He has not
yet formulated the questions he wishes an
swered nor has he made complete hst
of lawyers whom he desired to call on. IL
is essential that they be men not connected
with the transportation agencies.
There are vast number of men whose
opinions would be of the utmost value on
these subjects. and who would without
doubt give candid opinions IL they con.
sented to respond to the invitation. But the
fact that they are connected with the rail-
roads would call down on the procedure
criticism, and in the minds OF some people
would lessen the value of the opinions sc
procured.
An Unacceptable Provision.
Whatever the action of the Senate COM
mittee in relation to railroad legislation may
be. it seems quite certain that the provision
for commission in the Esch-Townsend bill
will not be acceptable with what is re.
garded by many as the Poo-Bah powers
which that bill proposes to give to the COM
mission to practically indict the railroads.
to try them and finally to execute the sem
tence against them.
Many members of the committee do not
favor that plan. Senator Elkins does not
like it. He is inclined to think that the
Department of Commerce would be better
instrument than a commission for bringing
en- indictment against the railroads. If
commission is to do 1t, he believes such
action should be the limit to the authority
of that commission. The case should be
passed on to another tribunal for trial ana
further along for the execution of the sen.
tence.
If the Department of Commerce were
given authority to gather information in re-
lation to the violation of the law by the
transportation agencies such a proceeding,
1t is believed by Mr.. Elkins might be ex-
tremely beneficial Then the Department of
Justice might prosecute the cases when
brought to its attention by the Department
of Commerce. Mr.. Elllins personally be-
lieves that by a rigid enforcement of the
present law rate discrimination would prac~
tically be stopped.
These are questions to be carefully cons
sidered by the committee between now and
next December The committee will meet
in this city for some time, but ii is not un-
likely that when the warm weather comes
the commission may seek some other and
cooler climate in which to hold its sessions.