New-York tribune., 1905-11-25
ug FORAKER'S RATE BILL
poWER GIVEN TO COURTS.
peosa,re aims to Correct EraIs With
ont Use Of Commission.
From The Tribune Bureau. ]

FnaT
- commission of the power TO fix rates, It
The estimation of Senator Foraker and
80 of the most influential members OF the
- afford an adequate and comprehensive
- for the evils which the President is
tsne 50 earnestly TO correct
!. senator Forakers Akron speech was uni
s.,y regarded as by far the most able pre-
.+s-;an Of the views Of those opposed to the
- nlan. so this measure is regarded as the
= effective legislative measure based on those
- which has thus far been outlined, and
v-bo have been inclined to regard the
,.,.,,+ion Of the rate making power TO the
estate Commerce Commission as essential.
.,t that from a cursory examination the
-.ker bill appears to provide an effective
80 and method which would, perhaps,
more expeditions and satisfactory 10 the
- who finds himself the victim Of injustice
80 would be given by the form of legislation
+oh II is assumed, viii be presented by ad-
.o.es Of the Moody programme
ra.re are intimations from certain sources
..,t the President has somewhat modified his
concentrations since ne has enjoyed an oP-
.a,tunit,- to consult with certain of the most
% +l,e party. leaders. and until the precise
-..or,nendations Of the President are made
trovn 10 Congress there viii doubtless be dis
.,aio, IN postpone anything like a comparison
= ,be merits of the two methods.
ss ore Senator put it to-day:
~. differences between Senator Foraker and
sb4 President may amount 10 comparatively nj
10, NAV at least be confined to dif1erences the
esiustnent of which viii not prove dlflcull'
80 for that reason il would be unwise at this
-Ime 10 discuss the relative merits of the two
mans with the possible result Of leading the
rnblic 10 believe that a far wider breach exists
Than is actually the case
y will
-srain the most forceful and able measure en-
bo7viDg the views of those who oppose the con-
filing of the rate making power to the already
orervorked Interstate Commerce Commission
and as in the opinion of many able legislators
sucb delegation of power could find its logical
outcome only in the establishment of a straight
mileage rate. il is possible that the Foraker
measure nav afford the ground for that ade-
ouate hut compromise legislation which many
believe viii prove 10 be the outcome of the pres
ent agitation.
Mr. FORAKER'S EXPLANATION.
In the two hours the committee was in session
to-day Senator Foraker explained the provisions
of the bill in detail After the adjournment
of the committee Senator Foraker made the
following statement which is an epitome OF
his argument before the committee:
The results desired by the President should
be accomplished, but if they could be secured
without comforting the rate making power on
the Interstate Commerce Commission or any
ether governmental agency, number of very
troublesome legal questions will be avoided
such as the constitutional prohibition against
giving preference to the ports Of one State
over those OF another the right to delegate
legislative power. and all questions as to the
power Of the court to review the legislative act
Of making rates except in cases that are con-
fscatery, etc
The great evil to be reached and dealt with
is discrimination This takes the form of dis
elimination between localities and individuals.
It is praCficed under numerous guiSeS and de-
vices such terminal charges, elevator charges.
refrigerator charges, private car line charges, |
classification. false weights refusal TO supply !
cars equally TO shippers and in numerous other /
ways.
The basis Of the most important feature of /
the bill I have presented is the third section |
Of the EIkns act I have sought TO amend it !
SO as to make it applicable not only to evry !
form Of discrimina ton that arise, but also /
70 rates well as rebates. and l have sought !
10 make the law available 10 the humblest ship !
pei in the land. and TO make It Immediately !
responsive whenever he may see fit 10 invoke it |
The proposition of the bill is that upon com !
plant and the showing of probable cause, the /
case shall be heard on its merits in the first |
instance in the court, where full relief can be /
granted
This is not a delay TO the shipper because it |
VII take no longer. stating in ConserVatively, to
Try the case before the court in the first in |
stance than il would to try 1t before the In |
tefstate Commerce Commission, and the prob |
abilities are that any judge of the Circuit Court /
o. The United States, accustomed TO nearing |
witnesses. applying the law and dfsposing of |
hugated questions sitting in equity, would |
Try the case in much less time than the Inter |
STATE Commerce Commission or any other SINH /
iaI body would require.
The propriety of going, in the first instance, |
10 the court, where a remedy can be admins |
tered IS manifest when it is remembered that |
every case must. if the parties to it are so dis
posed 90 10 the court anyhow before its Is ended.
tof Il IS the constitutional right OF every one TO
nave his day in court and that right cannot be |
saEen en away by Congress, even il there were a /
disposition TO do so.
appointment of expert examiners, who. under /
ne direction of the Interstate Commerce Com |
- mission @ can make an examination at any time !
v al books, documents ana papers OF any ran
Ioac that relate to interstate transportation OF |
commerce. This will enable the commission TO |
ascertain the facts and secure evidence
another provision OF the bill Is designed 10 |
prohloh and break the giving OF passes Ihls |
provision needs no comment
Another provision prohibits the carrying of |
freight that is to be exported or freight that has
been imported on through rates, less as 10 the |
raj portion of the charge than is eKacted for
me carrying Of similar domestic commerce De
tween the same noinfs unless the carriage be in |
ships Of American registry The amount OF |
freight carried on these lower through rates is |
constantly increasing, and there Is cohstdIiSsy
growing complaint from manufacturers on lhls |
account
This provision viii not be in conflict with any |
Of our reciprocal treaties and IL is not without
Precedent, for practically the Same klna (o oL |
Measures have been resorted toby eoth ~ husslA
and Germany and probably also by otner couh-
tries
POWER IN INJUNCTIoNs.
The Foraker bill provides for enjoining the |
and charging of excessive rates and , !,
ior enjoining any determinations forbidden oy
law. whether as between shippers. places com
nodities or otherwise. and whether effected oy /
means Of rates rebates. classifications' private
aArs, preferentials. ''or in any other manner