The Tupelo journal., 1905-12-15
RAILROAD RATE
LEGISLATION
Senator Elkins Discusses the Presi-
dents Recommendation.
HIS UNDERSTANDING OF THEM
A Chairman of the Committee ON
Interstate Commerce He Outlines
q Solution For the Vexed
Problem.

Washington, Dec. 6.-Senator Elkins,
chairman of the committee on inter-
state commerce, after reading the pres
ident's message, made the following
statement regarding railroad ate legis-
latiCn.
"As | understand 1t, the president
does not desire to invest in the COM
mission arbitrary and uncontrolled pow
er to fix rates. He has repeatedly stat
ed 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 le-
gal protection against any injustice.
That being the case, a law giving to the
commission power to fix rates should
not be drawn in such nj as to give
to the commission purely legislative
discretion in fixing rates. 1t should
an existing rate only if the existing rate
be unreasonable or otherwise in viola
ton of the interstate m acts,
and it should give to the commission
| power to change a rate that is unrea-
sonable or otherwise unlawful only to
necessary in order to remove the I'M
! reasonableness or other illegality of the
rate. In other words, it should only
| give to the commission power to re-
| duce a,rate to the maximum that would
be reasonable and lawful if originally
imposed by the railway company. A
| statute can be drawn to effect this re-
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 ac-
cept a statute giving to the commits
sion power to fix rates substantially
in the following terms:
when any rate, fare or charge fixed
by any common carrier for any service
shall be unreasonable or u~njustly dis
| criminatory, or otherwise in violation
of any provision of the act approved
February 4, 1887, entitled IAN act to
| regulate commerce." or any act amen
datory thereof, the interstate commerce
| commission shall have power, after in
vestigating the facts and hearing the
parties affected, to make an order mod
flying such rate, fare OF charge, so far
as may be necessary in order to remove
the unreasonableness, unjust discrlm-
ination or other ~illegality thereof; and
such order shall take effect at the ex-
| piration of such time as the commits
sion shall prescribe not less than......
days after publication thereof.
"Any party affected by such order
shall be entitled to Institute a proceed
ing to review such order in the circuit
court of the United States for any dis
trict through which the line of the car
rier may run, and if the court n such
proceeding shall find that the rate fixed
by such carrier was not unreasonable,
unjustly discriminatory or otherwise I'M
lawful, it shall enter a decree setting
aside such orders; but if the court shall
find that such order modified the rate,
fare or charge fixed by the carrier
either more or less than was necessary
in order to remove the unreasonable
ness. unjust discrimination or other IL
legality of such rate, fare or charge,
then the court, by it's decree, may mod
ify and correct such order accordingly"
Senator Elkins said that he would
favor such a measure, as he outlined
and believed it meant a solution OF the
problem that had been agitating the
country for a long time. This is the
first indication that has been given by
Senator Elkins as to the railroad legls-
no+;o, be would Sl1DDOrt.