The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-02-13

fhs spbarn Blit and the HailNays
From IRE Ell app eaEancas ne end
sot tae contToy etsy over railway ID
legislation Is ii sight The house
cn Wsdne do closed rs debate upon
tie Hepburn bilI. and the Senate conls
jmittee on interstate ana Foreign Com
fmesce has agreed tosyote on the va
rious rallroad rate bins n is Keeping,
on February g. which action win re
lease d measure pr measures ior de-
lbatein the Senate
Tie Hepburn bill. which this week
passed tie National Horse Of Repre-
sentatiyes practically without an
amendment Of Importance authorizes
theiIuterstate Commerce commis lion.
upon complaint and after due hearing.
to order the railroad Judged tobematn-
tanning rates IN violation Of The laws
regulating interstate commerce, 70
cease such violation and toirefain
thereafter from Collecting any rate in.
excess Of a maximum rate which the
Commission Is authorized to prescribe.
This order Is to 90 into eject within
thirty days from notice to the carrier
and.to remain in force unless sus-
pended, modified or set aside by the
Commission or some court Of compe.
tent Jurisdiction. In case the carrier
refuses to obey, the Commission ap-
plies to the Circuit Court for enforce
ment Of the order anod If, after hear
ing, It appears that the carrier dis
obeys the same, it is made The duty
Of the court to enforce obedience by
writ Of Injunction or other process.
Appeals from the order Of tho court
lie 10 the Supreme Court direct,
The essential difference between the
provisions Of the Hepburn bill and
those Of the Interstate Commerce Law
Of 1887 regarding the power of the
I b
Commission has merely the power to
declare a given rate or practice unlaw-
full and to order the offending railroad
to desist. appealing TO the Circuit
Court to enforce its decision: The or
der Of the Commission can oplybe en-
forced by the action Of 1.-THE court. 1t Is.
safe to conclude that, as under the
present law, the court, before issuing
on order, will go fully into the circum-
stances Of the case in order to ascer-
tain II the Judgment Of the Commits
sion is lawful and If any Of tile rights
Of the carrier have been infringed up
on. Under the Hepburn bill the car
rier will have the same judicial pro
lection and viii not be compelled to
change a rate until the .lawfulness Of
that rate has been passed uponb by the
circuit court. 1t may be commended
that by the provision Of this law en-
forcement Of the order Of the Commits
sion Is made mandatory upon the
court. Such an Interpretation, low
ever takes no account Of the fact that
Injunction proceedings necessitate
hearing of the facts. at which both par
ties are given an opportunity to pre-
sent their side of the case, and writ
of Injunction against railroad Is only
ISSUED when It appears that the rail-
road is violating some law. The In
terstate Commerce Commission must
present the facts to the courts aud its
findings OF fact would be property ac-
corded correct weight, but the courts
do not surrender the right to pass up
on the legality of the practice which
they are asked by the Commission TO
enjoin, and in this review the consti-
tutional rights Of the carrier would be
fully protected.
This Hepburn measure appears at
present 10 be far milder than mas been
anticipated, but its true effect cannot
be disclosed until interpreted BY the
courts. If the amendments which ere
apparently to be insisted upon by the
Senate and in which the House is
not unlikely to concur-viz: proyi.
sion for referring every decision Of the
Commission to the courts before final
action is taken, are adopted we can
see nothing in the measure threaten.
ing The interest Of the railroads. Even
in its present form we are Of the opIn-
ion that the actions Of the Interstate
Commerce Commission would DO con-
trolled quite as closely as under the
present law.-Railway world.
.