The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-05-20
SUNDAY, MAY %. 1906
The Rate Bill.

FL has really been acco'i'p'is'SN1 ,,,,,,
E,n fhe Senate served ut ieas' ~ -,
+hat number Of radical a"uses
M..,.t untouched by the Ellans p'll-
sS,ndeed that act was ever ih rl1 !,
&r.a4,,,e,v restrain abuses ny the
,..a,.as And president Rooseve.l't3's eap,.-
-. !. senator Aldrich concluslVelS
demonstrates the power OF cor iils'
-r,,,a,th in shaping legislation that 'ouo''s.
,ts#interests.
In, man. who has heretofore pee''
~ ia for plunder may, therefore,
l,..a,, doubt whether any 1at- 'e"N.'
,,.,ns for redress has Deen 2 y,
irrnase misrivings cannot be se''leu 49,.
n. an has been held CONSTITUTIONS ~
'l'e "a ,een effectively enforced
the courts ana peen
~ the commission.
Awaiting the outcome ho"eSe,' s ~
,,nnnr+ant changes have been hl Ni
-. notahle departure s the a" ''T -
$.r,;ven the commission TO make INV ~
-. oefoc+ maximum rate. Ohoe' ~
any ~. tho commission can only
Heclare that the rate coi''p'"'"eN ~
10, sonable, without saying WIZ.
reasonable maximum fa'e' 80
80 @pe t,,ned as constitutional, the
:SSsfte PIN a,.,ons should be radically ana
8aaetingly improved. ~
And not only does ms r''.e. J.,
%,,ower apply to the railroads 'aF' 'u. :. -,
H5.c,nies as we'll the pipe INES '''''
5 49,. and express companies
s'' ~ pa,,ey amendment, limnii limiting 7 'h'uno-
~. vas utterly done away W't l' a'u'
ss,s,a,,,.h the ,njuncnlons are stu per'i''s-
ted vet the bill restricts me 'ssu""a
&c preliminary injunctions ana '"'s' -
.ary orders, which may be issueu 'o''.'
- ring, after five days nouce "
-. r,,as,on. before at least three
Ss55> ',,.a.,,aas TOR appeal from inferior court
5,rect to United States sup'e'i'
r,,th,n thirty days, with preceue''ee =
&a1, but criminal cases.
fS5 r,he present bill also contains 'l'e '1'A.'''
s8 /. n,endment making 1t nnla"iul ~ -
sSt.1'D"S-.a y, 4 r,,ors 10 transport articles or
M8s$.s, .,,t,oc IN interstate commerce pro-
&Sks..ed by them eXcept " 49,
~ .,,e,ness as common carriers. ! MS ~
...,on should have an important pear
10 IN the abuses and dscr'''''na''o'''
s,.,.r,s,np from railroad ownership o., -"
Gx..ar4 IN coal mines. For example, ''''
#ls1.-. disclosures In the investigation OF
ne 4he baltimore and ONO anu $50
.,an,a railroads in relation to nnta'orea
" mining interests.
In addition there are nunoe' u pr
x,sEons touching the issuance Oh pAs'ea
- b,,,s of lading and the giving OF
s,t,ches or especial significance Is me
"A ,odge amendment which REEVES 'ne -
ii nrisonment penalE~a clause that '''e
tis-,rn. net against granting rebates had
Every considerably repealed.
Els ..co,rt review was the issue over
.+;ch the t,ercest struggle was wased,
E51,&wil be recalled that the Hepburn p''l
S, nnly referred TO the courts lhhcloen'ai's :
IN The clause which empowered me com
@y.n,sslon after full hearing upon complaint
B,.so determine and prescribe, IN us Ju"s-
.nent. the Just, reasonable ana larry
,.muneratiyc rate" to be charged as the
S1nasimum thereafter 1t was PROVIDED
that the order should take effect thirty
III rays after notice to carrier and remain IN
force unless modified by commission or
.usnended or set aside by a court OF
competent jurisdiction.
The last ten words were held 10 be a
.urricient recognition OF the legal rights
y, I,n
Hepburn bill. Powerful constitutions
$8arguments. however, were made agains
The suniciency of this clause and, as {
result, the bill that passed the Senat
expressly confers jurisdiction upon III
Il courts to review the commissions orders
fA II is commended by some that this is tn
broadest possible right OF review, and b
n others that the courts Will only ascertal
H whether the order exceeds the authorit
of the commission or violates ones cor
stiiutional rights In these contention
lies the kernel Of the whole fight,
When President Roosevelt began M
IL ca mpaign against the railroads his avoN
ed object was 10 give the commissio
IL the absolute and untrammeled power ,
IL make rates subject only 10 court reNle
OF the constitutional rights OF the ca
III rlers. This position President Rooseve
III gave up and the carriers can. In Y
opinion OF their supporters carry Il
whole question, not only OF the constit'
tionality. but OF the propr'ely OF Il
III rates as well. into the courts II II
courts sustain this contention, It W
practically make the judges, and not Il
N commissioners. the rate-making power
the country In the latter event, 4
present bill will inevitably be subject
further debate and amendment.
# Like all far-reaching economic
CONSTITUTIONAL changes. this new BILL. bo
OF SO much agitation and debate. is
present an unknown quantity; but o
thing 1t has doBe-it has established I
nrinciple OF the peoples unalterable