The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-05-21
THE RAILROAD RATE PROBLEM
TWO MEMBERS OF INTERSTATE
COMMISSION HEARD.
Chairman Knapp suggests changes In
Commerce Law-President Elliott says
the Most EIasrant Violation OF Law
Was By OmcIals Who Ride on fasses.

Chairman Knapp suggests changes In
Commerce Law-President Elliott Says
the Most fragrant Violation OF Law
Was By OmcIals Who Ride on fasses.
WASHINGTON, May ?o-1nterstate COM
missioner Clements to-day continued MS
testimony before the Senate committee
investigating the question OF railroad rates
regulation, he being questioned by members
of the committee particularly with reference
to the defects in the present law as 10 re-
bates. industrial line division rates, private
car lines switching charges elevator charges
and other abuses. After giving his opinions
on the various remedies to correct these
evils, Mr.. Clements " as requested by CHAIR
man Elkins to furnish the committee wlth
the draft Of amendments to the present
law which the Interstate Commerce COM
mission would recommend to meet existing
defects in that law.
President Elliott OF the Northern Pacific
Railroad, the next witness, opposed govern
mental rate regulation, the demand Tor
which he declared was from Socialist
sources He asserted that the present law
was ample if enforced and that its enforce
ment was dependent upon public sentiment.
He mentioned the most fragrant violation
of law continually, by people OF more or
less prominence in the Government
municipal, State and federal-of riding
on free passes 1t was Customary, he de-
clared, for these officials to ask for and
in some cases to demand passes for them
selves and also for their families and friends.
If that practise we're stopped it would be
a step that would go far toward making
the general public feel that the railroads
we're not interfering with politics and tnat
they did not have something within the'r
power to give away to lawmakers ana
others in authority that other people ola
not have.
LET the officers Of the Government,
he said from the highest to the lowest,
set the example of obeying the law by pay
ing for their own travel, the same as the
general public does.
Chairman Knapp Of the Interstate Com
merce Commission, the next witness, IN
discussing the propo sition to confer on the
commission power to name reaso napIe
as well as an unreaso nable rate; said thao
whatever powers were conferred wouiu pc
Congress. The commission could only carry
out the regulations that Congress, pre-
soribed In his opinion that duty could not
be performed by the courts, FOR reguisti9h
of commerce, under the decisions OF the
Supreme Court was legislation, and belonged
to Congress alone 1t must be done through
the rate, which must be initiated by the
carrier. Then Congress could see 10 u
that every one was charged alike. or, II
wrong was done, prescribe means Tor cor
recting it.
To the suggestion by Senator Dolliver,
as to whether that could not as well be done
by the courts Mr.. Knapp said he doubted
the constitutionality Of giving the courts
the enforcement of legislative authority.
Besides, it would take year,, OF litigation 90
a. ~. 10
do and how they could do it: He wondered
to the courts were sincere. The railroads
knew perfectly we'll, he said, that legis-
alive tribunal could control rates effectively
if power were given it by Congress, and they
knew the courts could not. Was that the
real reason the courts were preferred'
IF you want thing done" he said, do
it yourself; if you don't want it done, get
some one else 70 do it., If you 'war1 rate
legislative tribunal. II you don't want 10
regulate rates, give it TO- the courts.
He went on to say that he vas not welded
to the idea of fixing the rSas9nabie rate II
some other means could be found Of cor
recting abuses. But, whatever remedy
existing, rate or the rate for the future
the decision of the court should be final
unless overthrown by the court.
Mr.. Knapp suggested several other
changes in the present law, among thom
an amendment to the long and short haul
clause difrerentiating between competition
Influenced by water competition and that
which was not. Another recommendation
was that private car lines and industrial
roads be placed under the interstate c,m-
merce law. He also suggested that the
time within which published rates might
be reduced be placed within the limits Of
the commission instead OF fixed at three
days, as at present. and that railroads
having physical connections he required