The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-02-17

possible BY the courts q is a'so p'o'
r5 81 q eliminate appesis g sbe 90
eiiit Cut u Appeas
Prsvides n elesrtsats
IL pF6po "a ID the sllsin nv
proFid IN altesaatiye neshos nt ths
correction u anlunre onall ots
Iiniust criminstlol, &heshef
"a BY rates rebates Or othe
fnI devices based on mod tioai
% the plan propcsed h
lser in his Blu. II Rtopla permit tAsi
commission 20 irstitite equity pro
eeedings IN 1 United stases Circuit
Cont 70 restraia the continuance q.
an unreasonable r1te, unjust disctiiIt
fnation. Of othes unlawful pFacsceS
and would empower The court 20 IS
sue an injunction against the continls
ance u the unlawful rate or regtill.
ton.
II, wcald make u tho duty ot the
CARRIER on or before q dats 70 be speelt
fed In the decree. % put in force q
lawful and proper practice and IN
case tie carrier should tail 10 DO so
would empower the commission t. diS
rect the carrier 10 modify the origtp'
al or the substituted rate BY putting
In force a Joint and reasonable rate
prescribed by the commission but
the commission would not have power
to change an original or sabstltutea
rate to greater extent than neccsf
sary to remove Che injustice and IN.
reasonable or other unlawfulness
thereof.
Such an order Of the commission
would be subject 10 review an otdet
issued under the first section It
would be entirely discretionary with
the commission to adopt either meth.
cd Of procedure that might be constl.
cred best in any particular case. @he
great advantage Of incorporating in
the bill this alternative method is That
that. In the event that the courts
should hold the first method unconsti.
tutinnaI, the second would stilI stand
and the law would be elective. The
rate made under either provision
would remain in effect fos one year.
EflI Has Drastic Feature.
The Ekins bills drastic IN at least
one respect II requires ten days no
tice only for either an ADVANCE or are,
drcfian IN published rates, Il being
the opinion of Senator EIMns that this
Is sufficient To eliminate the Enid.
night tariff" while permitting note
feuibflity than would he possible an,
Ter Requirement for thirty days no
tee. Il contains provisions for max.
ing excessive paynentg for the use q
terminals. switches. sarehouses. ele-
yntors. railroad cars, or other prop.
'etty rebates. punisalle under tho
Efktns act Il csntains q proyislop.
which may be Tar reaching. if adopt,
Cd. to permit agreements b establish
and ma1ntain rains DO be made sub
feet to The approval Of the Interstate
Commerce Commission, II being con
sttered that this would have an In
portant efect IN bringing about the
gradual equalization Of rates afect.
ing competitive and inonconpent1ys
points. the bin proposes 10 increase
the membership ofthe Interstate Com,
nercs Commission 70 nine, and pro
ylIes for the appointment Of an AS
slstant Attorney General % advise
and assist the commission.
One Of the features OF the EIldns
bill that has attracted favorable com.
nent is the fact that It is SO framed
that the Interstate Commerce. Commits.
sion Is not invested by It with power
TO fix dlfferentlals 1t viii be recalled
that the principal objections made to
the Hepburn bill in tho House of Rep
resenta1yes was that 1t would give
this dangerous power 10 the commits.
sion and would enable the commits.
slonors to apportioa commerce among
rival communities. either in accord
ance with some fixed rule such as a
mileage basis, or In accordance with
their views as to what should be the
relative advantages enjoyed by each
community.
This Objection Eliminated.
This objection cannot be urged
against the E1klns, bill. Under lis op,
Grafton ample means would be afford.
cd for the correction Of every unreas.
enable rate and for the punishment
Of all rebates and determinations
brought about through the use Of pri.
yate terminals, warehouses, elevators,
private cars, or otherwise. IN other
words, the purpose Of the Elkins bill
the legal intent Of IS to provide
legislation that win kaan 4beA hipJ,.