New-York tribune., 1906-04-07
MR.. ELKINS ON RATES.
,Sags Hepburn Bill Is Not Strong
Enough-Other Senators Heard.


,.s-,llo and Koan. Mr.. Elhins the first speaker
- while expressing the opinion that the situation
1.o,ands legislation he Indicated many defects in
the pending hill
., lsgfsa ion that would secure to the peope
., ,.-or,pt and adequate remedy for the evils in
,..ies abuses aad wrongs of every kind practised
= railroads.. IN any way growing out os their
rs,stia,." bur he said that while he favored the
,..rsire hU 80 wanted 20 make IL better and
s,ro,lce~" Ile went on:
Fscause - my supposed interest in railroa IS. II
Sc charged and believed that | favor the railroad
side ~ this question ms n @ h9s been 50 often re,
m ilsiico % myself, that my interest on The
sde q me = lroaas ana thai my inte,est Gr IN
r.fr5als Is confined those in my own state.
,ra 5s-Iarsd his principal objection TO the House
,,,r 81, be ;Est Il did nct so far enough in REM
&C .,tls and expressed the opiuion that If
ICED into law IL would prove a general disap-
,,irtn,ort Iie said that he was in hearty accord
s,b The President on The subject Of rate regula-
80, and then indicated the respects in which, &C.
or5rc % his opinion. the bin falls short. Among
-, ,rires needed he said prohibition
against railroads producing, selling or shipping
49, own coal and other like articles in compeii-
.,or with other owners, requirement that
svi.rhes shall he built where needed to Gccommo-
cate business. a requirement compelling interstate
-oa6s 10 make connections with connecting lines
and a requirement fer the fair and just dlstribu-
tio- Of cars among shippers.
NEEDS OF BRANCH LINES
,r- rlkirs declared 81 almost impossible for state
,svrs to desl adequately with these subjects. and
49,, took ND especially his amendment providing
mar interstate lines shall make prompt connec-
lions with connecting branch or lateral lines and
feir. fast and reasonable prorating arranstnents
with them" on this point he said:
A. matters now stand it is in the power Of the
rre7t through lines largely 10 prevent the building
- trsnrr on lateral lines utterly - crush them
o. o., @- rroylstd1 in This bin compelling connee-
,',s and fair treatment 10 short lines. the certain
m2rts IN lands yn ose their m, money ne fewer is Tail-
%g. aae Tess o''' '''"'
Af.e- cons 5erinc the question Of court review at
some length. Mr. EIkfns annodnced his decision in
The following language;
Firs,-Tlat any legislation attemntinE to confer .
poUer 20 fN rates win he UNCONSTITUTIONAL unless
praerrHeS 'tae standard OF chrees WilCu SIlail
control ar3 requires The commission 10 CONFORM
thereto fixing rates. -
Secoud-That any leels.a!ion a'Ienh9olig 70 ;4 IA
rates would be unconstitutional whose pracllcal
-, b. -a DENY 10 common carriers the right 10
invoke and & obtain , IN dq com5ed % '5 10 ransprt peP 2i
sons on property AT rates which violate the car
rers' constitutional rights
NJ E.kns made a long argument 10 show that
no procedure was possible under the bin whereby
the carrier might initiate any proceedings by which
,r could obtain adequate relief against an order Of
tie commission.
EFFECTS OF COURT REVIEW.
Ee outlined his own view OF what should be ac-
compl.shed 10y court review as follows;
II is important Cor the, act 70 deAne the com com,
missions jurisdiction ana nake Il IL m@ usl l5 .,ct ne
and tor the ar 20 show THAI tHe commission slan @
vent rates from being unreasonably high Ln5s can
Doe accomplished by authorizing the commission 20
change rates only when The existing rates are
r1rT able. ana only so LaI as may
Dr. necessary remove such injustice ana unfea-
souahleness Tn ,l's way it clearly becomes
judicial question te court 70 determine wheth-
the cOumlszCn has exceeded hs 9urlsdicuoh'
SIS order can be set aside; There is no other way
iu which Congress can make sure mat an adequate
judicial review can be nroNldec.
Although Mr. Eldrs requested that he should
nor interrupted, several Senators asked ques-
lions There general discussion OF the
amendment requiring proper distribution or the
cars o. any given company, all agreeing that such
ar amendment would De difficult of enactment In
q Mr Elkus referred To The pending bill Mr..
Tilmau's bin. Ar T!lman earnestly dsavowed
responsibility for the measure and Mr.. Elkins re-
Fpouded You have GoJ n fastened on you with
all The disgrace attending it"
y rop1date the iutimat0n that there IS any
disgrace attaching 90 effort TO secure reasoaa-
he rate bL." responded ar Tillman and after he
had enlarged somewhat upon his attitude Mr.. FL
kns replied that Mr. Tillmau had a wrong idea
a. a.s responsibility to ths public. He said that his
antagonist acted as 70 he thought he carried the
people iu E.s vest pocket ane must take them out
everE morning To assure them his continued pro-
Jecu0u. He wanted il understood that he, too was
friend Of the people
Mr Cuitersou engaged Mr.. Elkins in a CoIoquy
Over tLe employment Of tho words "faIly
mguera-.ve" ta she bill. Mr.. Culberson said that
d. would be willing TO substitute the words Just
and reasonable Mr.. Ekns said that II he in
charge ~ the bin he would accept without rising.
Nr Tlm-u said that, FAR as he could do so, he
would accept.
Nr Gamble followed NJ. Elkins with 4 set
speech iH support Of the pending him. He con
teu4el tnar the railroads were guilty OF many
ahu-ee said shat the people were iusistent upon
their correction and eXpressod tac opinion that the
House would accomplish thar purpose. He pre-
dic'e5 tHat "a failure 40 igcisate would result in
government ownership ~ rhe railroads.
Nr Esau also spof. e- Che rate ru declaring
'hat congress should ua' exceed ihe authority
granted boy the Constitution iu ceaIug with
me..- amouE tho states. lle declared that tho
lelc DIN traf-s0'urra rs authority, lu that il
ft1g.led f1r rhe r'E-I.r..u af commerce by the