Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-09-17
Railway Rate Bill to Come
Up in the Senate First.
DELAY IN THE HOUSE
LATTER MUST WAIT UNTIL 1T
HAS ORGANIZED.
Effect Of the Meeting Of Senator Ell
kins' Committee on November 10
Questions to Be Considered.

The action OF Senator Elkins. chairman
of the Senate committee on interstate COM
merce. In issuing call for a meeting of
his committee on November IS. is generally
regarded as indicating that the Senate
rather than the House of Representatives
viii take the lead next winter in framing
bill for the further regulation OF the rail-
roads Not only will the Senate committee
on Interstate commerce be in session three
weeks before Congress convenes. but the
necessary organization OF the House before
any business can be done by the House
committee that will have charge of rail-
road legislation Will further postpone the
time when such measure may come before
the House.
The Senate's Advantage.
The advantage of the Senate in securing
early consideration of bill results from
the Senate being a continuous body. while
the House has TO be reorganized and start
anew almost as II it's entire membership
had never before sat in consideration of the
same questions that are TO occupy them.
The House committee will have some new
members and that will necesstate addi-
tioual hearings. The Senate committee. on
the other hand. being continuous. Will glide
Into its work of framing railroad legislation
as naturally as If there had been no recess
OF Congress at all.
The Esch-Townsend bin has been so thor
oughy criticised during the recess that 1t
Is likely that the House committee. when 1t
does come to consider such legislation will
wish at least to go over sue. criticisms
very fully in Its meetings before reporting
a bill There Will be much more organized
opposition IN the House to the EsChTown-
send bill than there was at the last ses-
sion. Whatever the bill may provide, 1t is
quite sure TO be considerably changed from
the measure that passed the House last
winter.
Private Car Lines.
it is quite certain that private car and
private terminal systems VIII receive a large
share of the attention of the Houce. as
well as of the Senate. These involve
abuses from which the railroads suffer as
well as the public. and the sentiment in
favor of correcting them is pronounced
among railroad men as It is among the
shippers who nave appealed to Congress
for relief from present conditions. But
there are railroad experts who claim that
the terminal system could be dealt with
effectively without additional legislation,
and that private car lines coulu also be
reached under the present law. If the
private car lines were specifically PLACID
under the interstate commerc, act very
many people believe that they CouOld be
dealt with in way to assure the people
elimination in respect to the advantages that
are obtained by such lines The Jaw has
not been sufficiently tested to determine
whether the private car lines are under
the interstate commerce act, out many able
railroad lawyers declare that they are
amenab!e to that act
Power to Fix Rates
OF course. the great question that will
call forth contention in Congress relates
TO the power of Congress to regulate rail-
read rates by giving TO some commission
authority to definitely determine what rail
road rates should be. The constitutional
ity of such proposition has been attack
ed on the one hand, while on the other
there are able lawyers who believe that
that policy could be carried out in such
way as to stand the test of the United
States Supreme Court.
There will be an effort on the part of
nt ny representatives and senator's to have
tn" railroad bill that will be passed pro-
vide some more speedy means for the de-
termination of cases that now come before
the Interstate commerce commission. The
delay that has been experienced in that re-
spect has given rise to many suggestions
for changing the judicial proceedings in
relation to alleged Determinations The
Esch-Townsend iii proposed to have the
frd ngs of the commission take effect with
In thirty days without opportunity for prior
rcvew by the courts. There are many who
believe that the way in which these delays
may be prevented Will be by taking away
from the commission its quasi juiciaI
powers and making It purely investi-
eating and prosecuting body. Under such
col ditions It has been claimed the commits
son could still dispose of many cases that
would not have to drag through the long
course of the courts for determination.
Advantage of Early Consideration.
The Senate committee. by getting TO work
on its railroad bill by November Is, will
probably be able to place before the Senate
a definite proposition for the disposition of
con plants against the railroads early in
the next Congress. If prompt action could
b. had on such measure the Senate might
pass 1t before the House committee has
time 10 report a new bill. and In that event
the House committee would have only to
propose amendments to the Senate bill
There are many senators who prefer that
method OF proceeding, provided 1t Is found
TO be possible to pass promptly a bill In
the Senate.
Whatever may be done in regard to rail-
read legislation. II IS quite certain that
there will be a lively fight over the bill that
may be reported. The difference of opinion
THAI exists among senators and representa-
tlves and great pressure that is sure to be
brought to bear on Congress for legislation
cannot fail to make the session a memoir