Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1905-10-27
FORAKER
ANSWERS
Mr.. TAFT
Vigorously Attacks Position
on Rate Making.
ONO SENATOR THINKS
PRESENT REMEDY SUFFICIENT
Would Take Complaints by Shippers
Directly TO Courts Which Must
Finally Settle Question
Anyhow.

stOIlIflltu 10 il4S nome unueT OTuSTS Ol
his physician and compelled to cancel
several speaking engagements during
the last few days, United States Sena-
tor Foraker has been following closely
the agitation over railroad freight
rates. and today gave to the press a
statement answering particularly the
arguments advanced by Secretary of
War Taft in his speech at Akron last
Saturday night. In the course of his
statement Senator Foraker said:
mo question has arisen i'm Ameri-
can politics in recent years of anything
like such Importance excepting the
free silver question"
He then takes issue with the as
sumption that those who do not agree
with the remedy proposed by Secre-
tary Taft are opposed to any remedy
whatever.
so far as I am aware" says Sena-
tor Foraker, sit is universally admit
ted that in the past many evil prac-
tices have obtained. but some of them
still obtain; that none of them should
be provided against adj of them, nso-
far as legislation can provide. The
sole difference is as to whether con-
ferring the rate making power on the
interstate commerce commission is
the only or even a necessary remedy.
My contention is that it is not neces-
sary aud that of all remedies that have
been suggested it is unequaiifiedly the
worst"
Senator Foraker says that If there
be any occasion for comforting rate
making power on the Interstate COM
merce commission 1t is not in his opn-
ion to he found in the necessity for
heading off and defeating any move
ment OF populistic character under
the direction of MIR. Bryan or any such
political leader as suggested by Secre-
tary Taft
These determinations consist not
only of determinations between ship
pers and localities. but discrimna-
lions between commodities, i'm ciassifi-
cation, by means of terminal charges,
elevator charges, refrigerator charges
and many other kinds of charges and
devices too numerous to mention.
This has been a most serious trou-
ble." continues the senator. 1--WE un-
dertook to deal with II when we pass
ed the Elkins law.
There is no reason whatever WIN
If any locality thinks il is discriminat-
ed against, application should not be
forthwith made for relief and relief
secured IL the charge can be sustain
ed, for the court Is by the statute ex-
nressly invested with fun jurisdiction
to entertain the complaint and admin
lister complete remedy. This statute
has been in force ever since the 18Th
day of February, 1908. If Secretary
Taft or anybody else Will tell me where
in this remedy is deficient or tell mo
In what manner a better remedy can
he provided by comforting the rate
LII N ta a n
mcrce commission. we shall then have
reached the point where glitterng
generalities can be dismissed and in
telligent discussion may commence"
Outlines the Change.
Senator Foraker outlined the nature
of\the change which he would make in
the present law In the following
answering Secretary Taft's sugges-
tion that the burden of all litigation
should be placed on the railroads, it Is
no hardship on the shipper or direct
benefit to him to require his proceed
ing to be under this statute and Vt Is
and will he when amended for be-
cause Of tho fact that there cannot be
one change made without neeessitatine
hundreds and perhaps thousands OF
others. every such proceeding would
not he for the benefit of the complain-
ing shippers alone, but for a whole
community of shippers. hundreds end
probably thousands. The proceeding
would therefore in fact be in the be-
half OF the public and should be in
the name Of the government and al
the expense of the government OF
railroads as the courts may deem iiesi
and equitahle. and in mo case at the
expense of the shipper.
These proceedings should be COM
menced by complaint filed with the in
ter-state commerce commission which
should conduct onIy preliminary nves.
legations TO the extent of determining
whether or not there is probable
ground and when that point Is reach.
ed the whole matter should be turned
over to authorities TO be prosecuted
net before q special court, which
think. would be " Use TO create, but he.
fore circuit court of the United
States having jurisdiction in the par.
ticular case In this way these cases
Z would be distributed throughout the
whole country and be confined to iu.
dlcial system with which we are famil
lar and the working strength of which
we can increase as found necessary by
tIhe appointment Of new judges. Thul
we would leave the making of rates II
the hands Of skilled men, but subjec
10 review unon complaint made by
courts skilled in the Weighing of testi
mony. analysis of facts and applica
tion Of the law and the same cOurt'
60 which. by the proposed Legislation
or any other legislation that may HI
suggested, the controversy will have 4
he submitted anyhow at some stage o
the proceeding: for we could not if W.
so desired take away from the partie
To the controversy the right to suhmi
their contentious II the courts for Il