The Birmingham age-herald., 1905-12-06
SENATOR ELK|NS ! 0N TELEG|SLAT| |0N
Chairman Interstate Commerce Committee Gives His Views
LEGALITY OF RATES
1t Has Not, says Elkins, Uncontrolled Po~e.'--only Power to Reduce Rates, Subject to the
 Court Review,

Washington, December 5.-Senater FL kins, chairman of the committee on inter- state commerce, after reading the Presi- dents message today, made the follow ing statement regarding railroad rate leg islation:
 AS understand 1t, the President does not desire to vest in the commission ar- pitrary and uncontrolled power to fix rates. He has repeatedly stated that the acton or the committee in fixing a rate should be subject to review by the courts and that the railroad companies should be furnished legal protection against any injustice.
 mat being the case a law, giving the commission the power to fix rates. should not be directed in such manner as to give the commission purely legislative discretion in fixing rates. It should give to the commission power to change an exporting rate only, if the existing rate pc unreasonable or otherwise in violation Of the interstate commerce acts. and tt should give to the commission power 10 change rate that Is unreasonable or otherwise unlawful only to the extent that such change may be necessary, in or der to remove the unreasonabeness or other irregularity of the rate
 What Should Be Done. E Tn other words, 1t should only give to the commission power to reduce a rate to the maximum that would be req sonable and lawful If originally imposed by the railroad 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 and it tries to carry out the policy of the President they should be willing to accept statute giv- ing the commission the power to fix rates substantially in the following terms
 Whenever rate fare or charge fixed by any common carrier for any service shall be unreasonable or unjustly discrimina- tory or otherwise in violation of any provision of the act approved February A. 1887, entitled An act to regulate com merce,' or any act amendatory thereof. the interstate commerce commission shall have 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 or der to remove the unreasonableness, un- just discrimination or other illegallty thereof, and such order shall take effect at the expiration of such time as the committee shall prescribe, not less than = days after publication thereof"
 Proceeding to Review.
 Any party affected by such order shall be entitled to institute a proceeding to review such order in the circuit court of the United States for 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 discrim- fnatory Or unlawful, it shall enter a de- cree setting aside such orders, but if the court shall find that such order modi- fled the rate, fare or charge fixed by the carrier, either more or less than was necessary in order to remove the un- reasonableness, unjust discrimination or other illegality of such rate, fare or charge, then the court by it's decree may modify and correct such order accord ingly,"