The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-02-14
GEl lISs7 ,,'
..E'.:ZNIS
INTRODUCES HIS RATE BILL IN
THE SENATE AND COM.
MENTs UPON u.
SAYS he STANDS With THE
PRESIDENT IN EVERY Es-
sENTIAL FEATURE.

SENTlAL FEATURE.
WASHINGTON. Feb. 14.-senato
! Ellsins yesterday introduced his bll
in the Senate.
The measure provides that when
ever any rate, fare or charge esat
lished by any common carrier saal
be unjust and unreasonable, the Inter
state commerce commission shal
have power, after complaint and heat
ing, to make an order requiring sucl
rate to be modified. so far as shal
be necessary in order to remove tht
unreasonableness and unlawfulness
The order shall take effect on aat
after a date to be specified not len
than thirty days after service uGct
the carrier and shall continue in Il
feet for one year unless restrained d
set aside BY q lawful order or deere
Of court, or unless revoked Of molt
fed bya supplementary order Of thl
commission. which may be made iipor
the application Of, or after notice 4
the carrier defendant il, tae proceed
ing.
A provision Is made for the suspen
sion by the courts Of an order Of tht
commission In whole or In part when
ever It shall appear that Justice re
quires It, such suspension TO contlnl
ue until the reasonableness Of the o.
der has been determined. The psofls.
ions concerning the institution d
suits BY the commission have been
changed only In unimportant details
and no changes have been made ID
the remaining sections. A new SEQ,
tion is incorporated, however, proyil'
ing that If any section Of the bill u
declared by the Supreme Court to be
Unconstitutional, this ruling shall not
affect other sections.
Senator Elktns Talks.
Senator Elkins says Of the bill:
"This bill uses substantially tlq
words OF the President IN relation 10
railway regulation. In every respect
the bill complies with and is in entire
harmony with the Presidents position
as outlined in his messages to Con
gress and his speeches. 1t is also in
harmony with the idea as set forth III
Senator Knox's Pittsburg speech.
'"Tho first three sections Of the bill
follow the Presidents recommenla,
tion that when rate is complained
Of, the interstate commerce comnls
sion upon investigation may set aside
or modify the rate or may fix new
rate to so into effect Immediately,
The right to review the action q
the commission, by the courts is pro
yided for in the bill SO that there can
bo no question Of that right amply
ing.
"The next section provides an 81.
Tentative remedy, wherein the com
mission can go directly to the courts
In any case where the commission
has reasonable grounds to believe
that a rate complained Of Is excessive
or unreasonable,
This alternative section Of the sbill
takes from the committee the judicial
powers conferred upon It by the Hep
burn bill eliminating the long hearing
before the commission, expedites The
case by going into court Immediately
and in securing an injunction and IN
order Of the court that the railroads
shall make a new rate and failIne 70
do 1t the commission shall make one
in Its stead.
Both provisions Of the bill az
within the Presidents recomme menasi
lions. The President has said rereas
edly that she dld not want ne conlihis
Son to liaya aFbItaty ana aatocratit
bowers He has aIso declared as sen
forth m his message. that whateyet
ihe commission might do. H woub no
subject TO review in ihe couris.7