Ceredo advance. [volume] (Ceredo, W. Va.) 1885-1939, 1906-05-16
NUMBER "a.

islation rnar attempted 10 Soager upou
| the Interstate commerce commission
the power TO fix rates would be uncon-
stitutional unless IL prescribed 1.-The
standard of charges which shall con-
| troll and required the commission to
| conform thereto In fixing rates, and
any legislation attempting TO fix rates
would he unconstitutional IL it's effect
was to deny the common carriers the
right To invoke and obtain the protec-
tion OF the courts in maintaining their
constitutional rights of protection to
property"
The senator expressed the view that
court review provision was neces-
sary TO render the Hepburn bill con-
stltutional lie quoted from the presi-
dents two messages favorng court
rev lew of the orders OF the convention.
and showed that of the twenty bills on
rate legislation introduced I'm congress
during and since 1905 all but one pro-
vided for court review: sixteen states
legislating on the subject favored
court review. He showed that under
the bill as il now reads the only re-
course to the federal courts for relief
involved was In excess of $1,000. and
that this would deny relief I'm many
cases
He pointed out I'm detail the difficult
ties In the way OF relief through tho
courts under the Hepburn bill as at
present worded and. concluding, said
that mo judicial review Is clearly and
distinctly provided for by the bill. If
this conclusion is justified then IL must
follow either that the whole scheme OF
rate fixing as provided by the bill must
fail as unconstitutional. or Mt least the
whole scheme OF penalties must fail,
leaving the orders of the commission
TO be enforced only 10y suits In equity
brought by the commission, in which
suits the courts will have to pass upon
the lnwfulness OF the orders before
they can take effect Mt ALL The situa-
ton certainly calls for an amendment
clearly giving an adequate judicial re-
view" The senator contended that un-
der the bill, If there should he no court
review and the orders OF the commission
should be final, unusual and arbitrary
power was given to the interstate COM
merce commission. "A greater power
even than congress could exercise for
the president had veto power upon
the acts Of congress, but could exer-
else no veto upon the acts OF the COM
! mission.
Senator EllSlns contended that the
/ commission should be authorized to
change rates s'when existing rates are
unjust and unreasonable, and so far as
may be necessary to remove such un-
| tustncss and unreasonableness. In this
way IL clearly becomes judicial oues-
tion for the court to determine whether
the commission has exceeded it's iuris-
diction. and If the commission has ex-
ceeded its jurisdiction its order can be
set aside" The commission would still
possess "a very substantial discretion"
and the courts would not interfere ex-
cept where the commission was clearly
In the wrong. and the carriers would
realize they could get no relief from
court unless they could show a clear
case OF abuse Of power.
The speech is too long to give n I'm
full In our columns. IT was the Arst
speech to analyze and show the work.
ings OF the Hepburn bill from n prac-
ticaI standpoint. The legal part of the
SpfF'h SloWtu 10 lnt senate and conn
try that Senator Elklns is not only
thoroughly acquainted with the polit-
lcal workings Of railroads, but that he
is an able lawyer.
In the rate Legislation Senator Elkins
has from the beginning worked hard To
secure provisions In the measure that
Will correct abuses I'm West Virginia.
He does not want to OppreSs the rail.
roads or antagonIze them beyond what
is necessary to make them law abiding
and to be fair and treat all people alike.
He wants more railroads built in the
state. He claims the state needs
dozen more short line railroads. and
they Will be built II the big roads can
be compelled to treat them fairly. make
connections, put In switches and dis.
tribute cars equally and alike TO all
shippers and that railroads be denied
the right to mine and sell coal I'm com
petition with shippers and independent
operators.