Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1906-03-29

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You say the rates charged the farmers
of your state are not too high.
you we're then asked: page 2OSO.
90. You say that Iowa is being dis
eliminated against by the rates given
to cattle from Nebraska as contradis-
from the rates given to cat
tie from Iowa?' (cited in the testi-
"A. In that instance, 1 thought it
was Discrimination
"You were then asked concerning
the effect of the Elkins act upon just
that class of discrimination:
60. Under that statute anybody can
move the interstate commerce commits
sion to go into court at the expense OF
the government, the shipper not being
subjected to any bother at all-make
complaint in a court of competent jur-
isdiction, and have the question passed
upon by the Judge. This practice that
you speak Of complainingly has been
for years.?
"'A. / think So
60. Now. for more than two years
you have had a law on the statute
books that was intended to reach just
exactly that sort of thing. Has there
Ger been any suit instituted?' page
2OS1.1
"a. never heard of one
90. The law provides that it shall
be the duty of the court upon such
COMPLAINT being made to proceed sum
MARTY that is, to postpone all other
business u $ and proceed summarily
to hear this complaint and decide 1t,
vet there has been no effort at all to
invoke the authority of the courts in
case of this kind
GA While you state the case cor
rectlv YOU may not impute the right
reason for the failure to appeal to the
court
"Was that question hostile?
"And on page 20s3 you were asked:
so. If the commission were to make
the rates there would be the same
| temptation for the railroad men to give
rehates?'
GA. Just the same: it would make
no difference whatever
90. The supreme court has held
since the Ellsins law was enacted, that
in the matter of discrimination be-
tween localities the Elkins law pro
vides remedy by injunction SO thai
whenever one locality wants to make
that complaint all it has to do is tc
notify the interstate commerce com
mission. and the commission, at the
! expense cf the government, will take
the matter into court, and it shall be
| the business of the court to proceed
i ,.;11 10 haar
! determine whether Or not there is any
/ merit IN that complaint (Page 2oSq
i "'A. Yes
4 go. Is it your judgment that thu
commission should be left with powe
to fix finally a substitute rate Wlthou
j appeal? page 2046).
GA. Not in the terms yon state. M,
view is that congress ought to COME
I upon the commission the power t
4 fix a rate in the instance we have a.
been discussing. Then, if the railroa
!. company believes thrt the com mission
has enacted unlawfully, it may file a.
!, anneal in any court of competent Jurls
diction, and if the error of the CON
mission is so manifest as to warran
temporary Injunction, the rate ca
be SUSPENDED under the Injunction vi
til a final hearing of that case. i
!, however, the action of the commissio
:. is not so clearly wrong as to warran
.. the court in interfering by way OF a
Injunction then 1 think the action {
the commission should stand until tn
> final hearing of the case
GO The final hearing only?'
".A. Final hearing by the court
which the petition was filed to Sc
: aside The action of the commission.
. . go. You would want the rate, HOY
= ever. to be made effective by the con
! mission?'
4 ga. After such reasonable time
;. to enable the railway companies, II
Instance, to institute the proceeding.
:. do not think there ought to pc al
snap judgment. l do not think u u
! rate ought to go into effact until u
- railway shall have had ample oppo
: tunity to make application to the cou
"a for relief :,
70 "Do you know. governor, that II
! Hepburn bill authorizes no appeal
y the courts, and do you not Know IN
y the principal contention in the sena
- now is whether an amendment shali
y added giving the courts the right
review the findings OF the colnulisslo
Do you not think that the senate n
better amend the bill in this regar
cummins Thanks Committee.
ne Were any of these questions he
H. tile? II so, what ones? Were any
er them suggested by any person ctr
Sc than members of the b'mmittee!
so, what ones? At what particu
stage of the proceedings did your !
10 dignation overcome your d1scretl!
nd and lead you to say you would
* nounce that infamy from one end
h our country to the other? Was 1t I
N. fore or after you volunteered I
~ statement at the close of your exa1
ls ination (page 211D as follows:
ca 80. Governor, have you anythl
ISL further to say?'
tie ga. Nothing except to express
nix thanks for the patient and courtee
to
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