Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-02-28
FORAKER ATTACKS
RAILWAY RATE BILL
Ohio Senator Makes a Speech
Opposing the Presidents
Rate Making Plan
eLklNs BILL is SUFFICIENT
Announces His Regret at Differing
With the President, But Declares
Passage of the Bill Would Create a
Dangerous Precedent = Admits Re-
bate Evils Exists, But Says Law Is
Not Enforced.

Washington, Feb. 2S.-Immediately
after the conclusion of routine business
of the senate today. Foraker took the
floor to deliver his promised speech
against the railroad rate BILL He re-
ceived careful attention. Before pro-
ceeding with the army appropriations
bill today the house passed several bills
by unanimous consent.
Mr.. Foraker conceded that some evils
exist in connection with the railroads,
but urged that all of them could be
more effectively met by amending the
Elkns law than by passing the pend
ing bill. He announced his regret at
differing from the president, but said
he could not see his way clear to pur-
sue any other course.
He gave general review of the his
tory Of the railroad development of
the country and passed to the evils Of
the system which he said are neces-
sarily incident to the upbuilding of so
vast an interest. His attitude towards
the pending railroad rate bill was cor
rectly outlined in his first paragraph in
which he said of the bill: 1T is so
contrary to the spirit of our institu-
tions and of such drastic and revolu-
tionary character that, if not in it's i'm
mediate effect, at least as precedent,
the consequences are likely to be most
unusual and far-reaching."
He discussed the railroad evils as Of
three classes, excessive rates, rebates
and Determinations.
He found little to complain of under
the first heading, but said there are
some instances Of charges that are too
high. and he thought a prompt and eff
fective remedy should be provided.
A more serious evil he found in re-
hates. ard he traced the present extern
sive railroad consultations to the fact
that the supreme court decisions
against pooling had left the roads with
out protection from the rebate system
except to resort to some general UNDER
standing Referred to the Elllins law,
he said: There has been no serious
attempt to enforce this law to prevent
determinations as to localities, but a
glance at it's provisions will suffice
to show that it is as broad, direct, ex-
plicit and efficient to remedy that kind
has beer found to be as to personal
been tested in this respect is not due
to any fault of the law, but because no
one has seen fit to invoke It,"
.'The fault" he added, "is not with
the existing law but with the officials
who have not enforced It,"
Announcing his own position he said:
II believe in the court plan, as contra
distinguished from the rate-making
plan, not alone because it is much sim
pier, much more expeditions, much
more efficient, and without expense to
the shipper, but because, in addition
to all that, it avoids all legal and con-
stitutional questions, while the rate
making plan as set forth in this bill
encountered a number of such ques-
tions that are of the most serious char
acter, and some of them, in my judg-
ment, fatal"
Mr.. Foraker said that if the bill is to
become law it should contain a court
review provision. On that point he
said in part:
Fortunately some of the most i'm
portant of the questions to which at
tention has been called cannot be
withheld from the courts. But the
power to review the question as to
whether a rate condemned or a rate
made by the commission in a given
case is reasonable is, unfortunately
not one OF these. But be tween extor-
tion on the one hand, and confiscation
on the other. there is. in most cases,
a considerable latitude within which
the action of the commission, without
special statutory provision for review
of it by the courts, would be final and
conclusive"
He then declared that little or no
legislation is needed and that the Elk
ins law slightly amended is sufficient
If enforced. He pointed out that the
Hepburn bill does not deal with re-
bates or prevent carriers from engag-
ing in other kinds Of business and that
1t does not enforce uniform classif-
cation nor deal with discrimination as
to localities. The senator stated the
bill had passed the house without
amendment because, as the news
papers announced, "the order had gone
forth" that, while there might be de-
bate, no amendment no matter how
necessary it might appear-should be
allowed. The bill came to the senate,
and, so far as the committee is con-
cerned, there has been a repetition Of
that experience. he said.
ITO even suggest" he added, that
the bill is filled with unconstitutional
provisions or that it will prove i'm
practicable in operation Is feralded as
a species OF treason and disloyalty to
whom or to what nobody knows. The
whole proceeding is without a pre-
cedent in my experience and probably
In the history Of the nation. If we
are to abdicate our functions and per-
NIT such an imperfect, ill-advised,
and considered bill to become law.
discredit will attach and disappoint-
ment will follow. not only to those
who desire such legislation as the