The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-05-20
The Rate Bill.

5s5 ,,raI)vf desires TO know whether anythi11
has really been accomplished. The deba
&8 IN the Senate served Mt least to sho
@ that number Of radical abuses sti
exist untouched by the Ellins bill
indeed, that act was ever Intended
effectively restrain abuses by the ran
# roads. And President Rooserelts capt.
ulat,on to Senator Aldrich conclusivel
demonstrates the power of concentrate
wealth in shaping legislation that touche
4 Its interests.
The plain man, who has heretofore beef
4 on,v food for plumber. may. therefore
well doubt whether any far-reaching
means for redress has been granted
These misgivings cannot be settled until
Is +he nil has been held constitutional by
ii +he courts and been effectively enforced
4 by the commission.
Awaiting the outcome, however, some
,mportant changes have been made. Inc
H most notable departure Is the authority
given the commission to make and put
anto effect a maximum rate. Under the
4 W.
declare that the rate complained OF rs
,,nrea sonable, without saying what shail
y be a reasonable maximum rate. II TINS
3s mower is sustained as constitutional, the
& present conditions should be radically and
q laetingly improved.
S8 And not only does this rate-inaMne
power apply to the railroads, but 1t IN
(. r1ndes as we'll the pipe lines, Pullman
-Car5 and express companies.
Tho Bailey amendment, limiting njunc-
4 sions was utterly done away with, and.
4 though the injuncrlons are still permit
ted, yet the bill restricts the issuance
4 or preliminary njunctions and interlocu-
q tory orders. which may be issued only
4 on hearing, after five days notice 70
!. the commission, before at least three
u circuit judges.
Provides for appeal from inferior court
4 direct to United States Supreme Court
within thirty days, with precedence over
~ all but criminal cases.
&t$ The present bill also contains the Elkins
AZ a amendment, making it unlawful for IN
Il terstate carriers 10 transport articles or
" 4 .m1nodities in interstate commerce pro-
II Ted by them except when used in their
y business as common carriers. This pro-
h-sion should have an important bear
ling on the abuses and Determinations
III arising from railroad ownership or In
terest in coal mines. For example, the
q recent disclosures In the investigation OF
she Baltimore and Ohio and Pennayl-
Nania Railroads in relation to unfavorel
a mining interests.
In addition there are number OF pro-
visions touching the issuance OF passes
Is and bills of lading and the giving of
switches. or especial significance Is the
lodge amendment. which revives the i'm
prisonment penalEf~a clause that the
9,Elkins act against granting rebates had
rrers considerably repealed.
Il Court review was the issue over
which the fercest struggle was wagcd.
1t will be recalled that the Hepburn bill
,pnly referred 10 the courts incidentally.
In the clause which empowered the com
mission after full hearing upon complaint
ITO determine and prescribe, in it's iudg-
ment the Just, reasonable and fairly
Semunerative rate" to be charged as the
nmaximum thereafter. 1t was provided
that the order should take effect thirty
days after notice to carrier and remain in |
force unless modified by commission or
suspended or set aside by court OF
competent jurisdiction.
The last ten words were held 10 he n
sufficient recognition OF the legal rights
of the carriers by the supporters of the
Hepburn bill Powerful constitutional
arguments, however, were made against
the sufficiency of this clause. and. as "A
result, the bin that passed the senate
expressly confers jurisdiction upon the
courts TO review the commissions orders.
1t is contended by some that this Is the
broadcast possible right OF review, and by
others that the courts will only ascertain
whether the order exceeds the authority
ofhthe commission or violates ones con
stitutional rights. In these contentious
1 lies the kernel OF the whole fight.
I When President Roosevelt began this
campaign against the railroads his avow
ga object was TO give the commission
the absolute and untrammeled power 10
make rates subject only TO court review
kof the constitutional rights OF the car
3 riers. THIS position President Roosevelt
gave up. and the carriers can. in Tho
opinion Of their supporters, carry the
4 whole question, not only of the constitu-
8tlonality. but OF the propr!e,y OF the
rates as well. into the courts. II the
courts sustain this contention, 1t viii
practically make the judges, and not the
commissioners, the rate making power Of
the country In the latter event. The
present bill will inevitably be subject 10
further debate and amendment.
Like all far-rcaching economic M
constitutional changes. this new bill born
of 80 much agitation and debate, is at
present an unknown quantity; but one
thing 1t has done--it has established tta