Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-04-06
.DK|N@ Talks ON
RATE REGULATION
Railroad Senator Processes Great
Interest in the Welfare Of
the People
SAYS BILL NOT STRONG ENOUGH
Favors tho Proposed Legislation, But
Claims He Wants Measure "Better
and stronser"-Discusses the Court
Of Review Question and Sums Up
iii. Views on Whole Subject.

washington, April Gas soon as
routine business was disposed of In the
senate today. Elkins took the floor to
present his views on the railroad rate
bill.
Hlkins announced at the outset that
his desire to secure legislation thae
would secure to the people A prompt
and adequate remedy for the eVils, m
Justices, abuses and wrongs OF every
kind practiced by the railroads, OF IN
any way growing out OF their opera
ton" but he said that while he ia
yors the pending bill, he wanted 10
make 1t better and stronger.
stand first for the interests Of the peo-
ple Of my own state" he went on, and
after that for the interests of all the
people Of the United States. nave no
interest that can affect my judgment
or prevent me from doing my duty as
y 4 senator, as see 1t. Because of my
supposed interest In railroads, 1t Is
charged and believed that favor the
railroad side of this question. This has
been SO often repeated that l am sure
1t win be pardonable II say, In Justice
to myself, that my interest on the side
OF the shipper, is ten times greater
than on the side Of the railroads, that
my interest In the railroads is confined
to those Of my own state" he de-
clared his principal objection to the
house bill to be that 1t does not go far
enough in remedying the evils, and ex-
pressed the opinion II enacted into law,
,dt would prove general disappoint-
ment.
He said that he was in hearty ac-
cord with the president on the subject
Of rate regulation, and then indicated
the respects in which, according to his
opinion, the bin falls short in accom-
plishing all that should be accomplish
ed by railroad legislation. Among
these were the following: Prohibition
against the railroads producing, selling
pr shipping their own coal and other
like articles in competition, with other
owners: requirement that switches
shall be built where needed to accom-
modate business; requirement cornpeli-
ing Interstate roads to make connec-
tions with connecting lines, and re-
uuirement for fair and just distribution
OF cars among shippers. He had, he
said, introduced amendments covering
these defects.
After earei deration Of the question of
q court fview at some length, Elk
ms annGS ced his conclusion in the fol-
lowing language:
"First-That any legislation at
tempting to confer upon the interstate
commerce commission power to fix
rates will be unconstitutional, unless it
prescribes a standard Of charges which
shall control, and requires the commits
sion to conform thereto in fixing rates.
"Second-That any legislation at
tempting to fix rates would be uncon-
stitutional whose practical effect is to
deny to common carriers the right to
Invoke and obtain, in due time, the
protection of the courts from being
compelled to transport persons or
property at rates which violate car
riers' constitutional rights"
He declared the pending bill works
clear Of the delegation of congressional
power to fix rates, and added: 1T
would seem, therefore necessarily to
follow, that the provisions of the bill
comforting the rate fixing power upon
the commission, are unconstitutional"
He outlined his own view of what
should be accomplished by the court Of
eoview as follows: I'm order to insure
q judicial review which will adequately
protect the property and commercial
interests involved and which will oper-
ate as a conservative influence over the
commission itself, It is important for
the act to define the commissions
jurisdiction and make it depend, not
upon the commissions opinion, but
upon the facts, and for the act to
show that the commission shall make
no greater change than is necessary to
prevent rates from being unreasonably
high This can be accomplished by
authorizing the commission to change
the rates only when existing rates are
unjust, unreasonable, and only so far
as may be necessary to remove such
injustice and unreasonableness. In
this way it clearly becomes a judicial
question for the court to determine
whether the commission has exceeded
Its jurisdiction. and if the commission
has exceeded its jurisdiction its order
can be set aside. There is no other
way in which congress can make sure
that an adequate judicial review can
be provided
RAINEY ON THE TARIFF.