The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-12-06
ELKINS
MAY SUPPORT
THE IDEA

Washington, d. c., Dec. 6-Sena-
tor Elkins, chairman of the COM
mittee on interstate commerce, af-
ter reading the Presidents message
made the following statement re-
garding rate legislation
Gas / understand it, the Presi-
dent docs not desire to vest in the
commission arbitrary and uncon-
trolled power to fix rates. He has
repeatedly stated that the action OF
the committee in fixing the rate
should be subject to review by the
courts and that the railway COM
panies should be furnished legal pro-
lection against any injustice That
being the case laSy giving to the
commission power - fix rates should
not he drawn in such manner as to
rive to the commission purely legis-
lative. discretion IN fixing rates. 1t
should give to the commission power
to change an cIisting rate only II
the existing rate be unreasonable or
otherwise in violation of the inter
state commerce acts. and it should
Give to the commission power to
change a rate that Is unreasonable
or otherwise unlawful only TO the
extent that such change may be
necessary in order to remove the un-
reasonableness. or other illeTNlitv Of
the rate. In other words it should
only give to tka commission power
10 reduce rate to the maximum
that would be reasonable and lawful
If originally imposed by the railway
company. A statue can be drawn
n nffect this result.
eff those who advocate vesting IN
4he Interstate commerce commission
.the power to fix rates are in good
fifth seeking to carry out the policy
nf the President they shorld be
Filing to accept a statute giving to
the commission power to fix rates
substantially in the following terms:
"Whenever a rate, fare or charge
fixed by any common carrier for any
service shall be unreasonable or un-
irstlv discriminatory or otherwise in
ISOLATION of any provision # the act
approved Februe nv 4, 1887, entitled
'FNn act to regulate commerce., or
anv act amendatory thereto. the in
terstate commerce commission shall
have power after investigating the
fncts and hearing the parties affect
ed to make an order, modifying such
rite, fare or CHARGE, so far as may
be necessary in order to remove the
Hnreasonableness. unjust discrirl-
itation or other illegally thereof,
md, such order shall take effect ut
The, expiration of such time rs the
commission shHll- prescribe, not less
than days after publication
thereof.
< "Any party affected bv such order
shall be entitled to institute a pro-
caedinG to review such or7sr in the
circuit court of the Tinted States
for any district through which the
line of the carrier NAV run, and ii
She court in such proceeding shall
end that the rate fixed by such car
rier was not unreasonable, uniustly
Discriminatory or otherwise unlaw-
full. it shall enter a decree setting
aside such order, but if the court
shall find that such order modified
the rate, fare or charge fixed by the
carrier, either more or less than was
necessary in order to remove the un-
reasona6leness, unjust discrinina-
ton or other illegality of such rate.
fire or charge, then the court by its
!ccree may modify and correct such
order accordingly"
Senator Elkins said he would
r,vor such measure as he had out
lined and believed it meant solu-
sion of the problem that had been
agitating the country for a long
time. This is the first indication
that has been given by Senator Elk
ms as to the railroad legislation he
would report.