The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-01
OPPOSES RATE BILL.
IMOSTILE TO ALL GOVERNMENT
RATE MAKING.
UeSayS to Confer the Power on a Commits.
sion IL Unconstitutional and That
Everything Desired Can ne ACCOM-
plished by Amending the Eikins Law.

sion II Unconstitutional and That
Everything Desired Can he AccOm-
plished by Amending the EIkIns Law.
WASHINGTON, Feb. 2s.-Mr. Foraker
Gep., Oh;o) addressed the Senate to-day
on the subject of railroad rate legislation.
he Is the most unyielding Of all Senators
In his opposition to Government rate maxi
ing and he indicated his hostility to the Hep
burn bill In his opening words. He said:
This proposed rate legislation raises
some Of the most important questions
we have had to deal with since the civil
war. 1t IL so contrary to the spirit Of our
institutions and OF such drastic and revo-
lutionary character that, il not in it's inn
mediate effect, at least az a precedent, the
onsequences are likely to be most unusual
nd far reaching.
"The evils complained Of" he said, "are,
bnerally speaking, Of three classes-ex.
Assive rates, rebates and determinations.
these, excessive rates are the least ser-
as. Taking the whole country over, the
bneral average for the transportation Of
eight per ton per mile'is less than 1t is in
by other country. A more serious class of
lis, because more prejudicial in their con-
quences and results, are rebates. They
@ granted under many forms and guises,
BID include not only money payments, but
kinds OF determinations between ship
srs-such as undue allowances for terminal
iarges, elevator charges, refrigerator
nargeS, icing charges and private cars,
hlse weights, improper classification, I'm
erbiiling and many others too numerous to
Nention."
Mr.. Foraker quoted several authorities,
Guiding members Of the Interstate Com
cree Commission, to show that the Elkins
w had proved to be effective in stopping
% payment of rebates, and that in go far
. there are still violations of the statute
that character they can be broken up
eltogether by a mere enforcement OF Its
PROVISIONS
There has been 10 serious attempt" he
aid, "to enforce this law; to prevent dis
briminations as to localities, but a glance
ht it's provisions will suffice to show that 1t is
8 broad, direct. explicit and efficient to
remedy that zinc of an evil, wherever it
may exist, as it has been found to be as to
personal determinations. That the law has
mot been tested In this respect Is not due to
any fault Of the law, but because no one
has seen fit to invoke It,"
OF the Hepburn bill he said:
This bill increases the powers Of the oom-
Intention TO only its most important pro-
visions Of this character.
It makes the or der of the commission con-
1smning a rate effective and thereby disposes
of that rate, and then authorizes the oommis-
sion to name a new rate and put II into opera
kion In place OF the condemned rate.
II authorizes the commission to compel
lisa greeting railroads that have nothing In
common except a physical connection to oper-
Ne Jointly as through routes on such rates
I'D terms as it may impose.
1t dispenses with jury trials In an important
ass of actions to recover money by pro vid-
g a procedure that makes such trials i'm
bssible.
1t imposes such extreme. unrea sonable and
1rden some penalties as to probably invali-
ate the measure in that respect. It does not
rovide for a proper review by the courts of
fhe orders Of the commission. but seeks to
Exclude the same.
Mr.. Foraker said he believed in the court
plan, as contradistingushed from the rate
making plan, mot alone because it is much
simpler, much more expeditions, much
more efficient, and without expense to the
Rhipper, but because, in addition to all
hhat, it avoids all legal and constitutional
questions, while the rate making plan as
BET forth in this bill encounters a number of
such questions that are of the most serious
character, and some of them, in my judg-
|ment, fatal"
Mr.. Foraker then entered into an elabo-
rate argument to prove that the Hepburn
plan to confer the rate making power on the
Interstate Commerce Commission was I'M
COnBUltuUlOnal ne SAID everything de-
sired could be accomplished by simply
amending the Elkins law SO as to broaden
n strengthen 1t. He added:
An amendment making such pro vision will
be offered at the proper time. The purpose
OF this amendment will be not only to pre-
serve the benefits of this ~salutary law but TO
make them available for every kind of case
that can possibly arise 10 the humblest ship
per In all the land. This may be done by
the pro visions of the third section
of the Elkins law to excessive rates. and by
making it specifically applicable TO every kind
of rebates and discriminations as to both per-
sons and places, and by making it the duty
the Interstate Commission not
10 act as jud and legislators. and prose-
cutors, and sheriTs, but to address them
selves to the purely executive duties Of hear
ing complaints, exercising their powers of
Cancellation and. where these powers fail and
they find there is probable cause, sending
the case at once through the Attorney-Gen-
eral to the proper court for immediate pro-
in the name of the Government.
for the benefit Of all parties interested, with
out expense to the shipper.