The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-06
RAILROAD NEWS.
Elkins Finally Gives His Ideas
on Rate Legislation.
Would Not Give Commission
Purely Legislative Discretion.
OUTLINES A NEW BILL.
All Parties Interested to Have
Right to Appeal to Court.
Gossip and Matters of Interest
in Railroad Circles.
OUTLINES A NEW BILL

Washington, Dec. 6.-After reading
the presidents message. Senator Elk
ms, chairman of the committee on
interstate commerce, made the follow
ing statement regarding railroad rate
legislation:
LAS I understand it. the president
does not desire to vest in the commits
sion arbitrary and uncontrolled power
TO fix rates. He has repeatedly stated
that the action of the commission in
fixing a rate should be subject to re-
view by the courts and that the rail-
way companies should be furnished
legal protection against any injustice.
That being the case, a law giving to
the commission power to fix rates
should not be drawn in such manner
as to give to the commission purely
legislative discretion in fixing rates.
1t should give to the commission
power to change an existing rate only
if 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 unreasona bleness
or other iIlegality of the rate.
I'm other words, it should only give
to the commission power to reduce a
rate to the maximum that would be
reasonable and lawful if originally i'm
posed by the railway company.
"A statute can be drawn to effect
this result. If those who advocate
vesting in the interstate commerce
commission the power to fix rates are
in good faith seeking to carry out the
policy of the president, they should
be willing to accept statute giving
to the commission power to fix rates
substantially in the following terms:
Whenever any rate, fare or charge
fixed by any common carrier for any
service shall be unreasona BILE or I'M
justly discriminatory. OF. otherwise in
violation of any provision of the act
approved February 4. 1897, entitled
An act to regulate commerce. or any
act amendatory thereof, the inter-
state commerce commission shall
nave power, after investigating the
facts and hearing the parties affected
to make an order modifying such
rate, fare or charge so far as may be
necessary in order to remove the I'M
reasonableness, unjust discrimination
or other iIIegality thereof: and such
order shall take effect at the ezpira-
ton of such time as the commission
shall prescribe, not less than - DAYS
after publication thereof o-
ANY party affected by such order
shall be entitled to institute a pro-
ceedlng to review such order in the
circuit court of the United States of
any district through which the line
of the carrier may run. and if the
court in such proceeding shall find
that the rate fixed by such carrier was
not unreasonable, unjustly discrimi-
natory or otherwise unlawful, it shall
enter a decree setting aside such or
ders; but if the court shall find that
such order modified the rate. fare or
charge fixed by the carrier either more
or les than was necessary to remove
the bleness, the. unjust dis
elimination or other illegality of such
rate, fare or charge. then the court,
by its decree, may modify and correct
such order accordingIy''
Senator Elkins said he would favor
such a measure as he had outlined.
and believed it meant a solution of
the problem that had been agitat7
the country for a long time This is
the first indication that has been
given by Senator Elkins as to the
railroad legislation he would support,