Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-01-07
THE ELK|NS RATE BILL
Now Being Framed for the Sen
ate Committee.
THE SENATOR'S OBJECT
To Produce a Practicable Measure
That Will Pass.
ITS SIC PRINCIPLES
Are Given. but Even These May Be
Changed If It Shall Be Deemed ~
Desirable.
is SIC PRINCIPLES

Ihe attitude OF senator ElklnS, chairman
of the COMMITTEES on interstate commerce,
on the subject of rate legislation is being
looked forward to by many senators with
the greatest interest Mr.. Elkins is known
to be very careful student of the railroad
problem. and while his views some
phases of the rate question are known. he
has not yet placed before the committee any
bill which meets HIS approval as prac-
ticable method for meeting the requirements
OF the country and at the same time to Sc
cure the support of enough senators to pass
1t through the committee and then through
he Senate, with reasonable prospect that
1t will prove to be acceptable to the House
of Representatives. $50
Senator Elkins has from the beginning of
the present discussion on rate legislation
taken the view that no action should be
taken until the committee and the Senate
have thoroughly considered the subject from
every possible point of view in the light of
present railroad conditions. He has feared
that any hasty action might result in great
er harm than good, and the fact that advo-
Gates of the Esch-Townsend bill in the last
Congress have readily approved changes in
the bill which have been suggested by the
widespread discussion in and out Of Con-
sress since the adjournment Of the last
Congress has convinced him that he was
right, along with others. in opposing that
legislation and In insisting that legislation
should be enacted only after a more COM
plete consideration Of the question.
Now Being Framed.
Senator Elkins' bill prescribing method
for the correction of evils Of rate fixing. Is
now in process of being framed. and he Is
attempting to produce practicable meas
ure that will meet approval of at least a
ma jority on the committee and In the Sem
ate and at the same time will be an eff
fective remedy against rate discrimination.
He freely declares that all legislation must
he in the nature of compromise; that no
one senator can hope to pass exactly the
bill that might be approved by him, and
that therefore the effort of the committee
should be to secure an effective measure
and at the same time make it acceptable to
at least a majority of the Senate.
Because of the demands of objections that
are being urged against various plans Mr..
Elkins has in some respects not only aban-
doned some of the ideas that he put forth In
the beginning of the discussion, while he
has and is attempting to frame a bill that
will be generally acceptable. His bill will
contain a provision for commission to con-
sist of nine members, one to be appointed
from each of the nine judicial districts, so
that they may bring to their work not only
general knowledge. but familiarity with the
sections of the country. - p So
Commission Can Go Into Court.
According to his plan this commission,
after hearing a complaint, will have power
to carry it into a federal court. where its
reasonableness may be passed upon. By al
lowing the court to pass upon the question
of reasonableness Of the rate. the entire
transaction will be promoted, and delay, he
believes. will be avoided. After the court
has passed upon the reasonableness of the
rate, and has indicated in a general way
the degree of unreasouableness in it, the
commission can definitely fix the rate and
by that method of procedure will remove
the constitutional objection of having jul
dicial court exercise a legislative function.
The commission, being the direct creature
of Congress, will be empowered to exercise
a legislative function within certain well
defined limitations. This plan, from all
the discussion of the subject that has so far
taken place, Is believed to be free from
objections that might be raised In the courts
against rate legislation with the result of
defeating it by having it nullified by a
Supreme Court decision.
There are many additional details of the
bill that is being framed by Mr. Elkins
that will be decided. but the plan as out
lined In a general way will be the basis
or whatever measure he puts before the
committee for its consideration. Even
some OF these basic principles of the bill
may be changed IL the discussion still going
on before the committee makes it seem de-
sirable.