Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-04-01
FORAKER'S RATE VIEWS
Submitted to the Legislature
of Ohio
IN REPLY TO RESOLUTION
Presidents Position on Question Of
I Court of Review.
SECRETARY TAFT IS QUOTED
Hepburn Bill Criticised for Failure
to Provide for Review by Courts
of Petitioner.
IN REPLY TO RESOLUTION
SECRETARY TAFT rs QUOTED

. COLJf MBUS. Ohio, March I.-A letter
from Senator Foraker replying to Its JOINT
resolution requesting Ohios representatives
la Congress to vote for a bill conforming
TO President Roosevelts view on the ques-
ton of regulating railway freight rates,
was received by the Ohio general assembly
today
Senator Foraker. In his letter, after fully
explaining his position the rate bill, de-
Clares that the general assembly has re-
Iieved him of all embarrassment In his po-
sition on the rate question by having pass
ed a rate regulation bill providing for a
full and complete review in the courts OF
the orders of the commission" created by
the Ohio law and that he feels confirmed
In his opinion that IL is his duty TO insist
on such amendments TO the Hepburn bill
ss a condition precedent to the support OF
1t
Senator Foraker prefaces his letter with
AN explanation for the delay in replying 10
the resolution adopted by the general as
,sembly, saying that he had thought that
that body would, in the consideration OF
the Ohio rate commission bill find 1t neces-
sary to act on some of the questions that
have been discussed in the two houses of
Congress- and that ut might be easier
after such action to make answer to your
o.. request
The Court of Review.
After setting forth the views of the con-
Tending factions in Congress on the ques-
tion OF a court review. Senator Foraker
says.
II can attention to the fact that the Presi-
dsnt I'm his message of December q, 1871.
recommended that the commission Qnter-
state commerce. should pe vested with the
power. where gwen rate has been email
Ienged and after full hearing found to De
unreasonab BILE. TO decide subject to Judlciai
review what shall be a reasonable rate to
take its place. the ruling OF the committee
10 take effect Immediately and to OBTAIN
unless and until it is reversed by the court
DF review.
Secretary Taft in his speech as tempo
rary chairman of the Ohio republican con-
VentiOn of May -, 1868 Interpreted this
recommendation of the President and the
Esch- Townsend bill which had then passed
the House of Representatives, as meaning
that the order of the interstate commerce
commission fixing rates and regulations.
when made shall be effective until set aside
by judicial hearing.
The Taft Speech at Akron.
In his speech at Akron October q, 1905,
Secretary Taft further said: The PresI-
dents proposition IS that the power of the
commission shall be to hear a complaint
that a particular rate is unreasonable, to
declare 1t to be unreasonable and to fix
ltllt WHICH SilOuiu ne TedSondDiS anu tfil-
body this finding in order which should
stand until set aside by. a court either upon
preliminary or final hearing,Rn
1T is believed upon what Is thought TO
lie good authority that both those speeches
If Secretary Taft were made with the
knowledge and approval of the President as
correctly setting forth his views"
Referring TO the Hepburn rate bill the
letter says:
Like all the other bills. it confers the
Iate-naking power, as recommended by the
President on the interstate commerce COM
enacted in the various states, and unlike
every other similar bin introduced in Con-
gress and in direct conflict with utter
suces of the President and every other per-
son who has spoken for him it not only
fails To provide for review of the courts,
but ii is Intentionally so drawn. as some
OF its leading advocates aCknow ledge.
to prohibit such a review, not only upon
the petition Of the carrier, but also upon
the petition of the shipper or any other
by the orders Of the commission
For an Effective Measure
After explaining his proposed amendment
providing for court review OF rates or
dered by the commission. Senator Foraker
says:
! have been hoping that in some form
OF other this kind OF legislation, which
could not prove otherwise than effective,
must be enacted; but assuming that the
Hepburn bill In some form will be passed
and become a law, / shall consider il my
DUTY to do all in nay power to make it
constitutional workable and effective meas
ure.
My oath of office requires that, and I
would not only violate that, but also my
duty To nv constituents and the whole
TRY fa IN oer 4zff fol