Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-04-06

Senator Elk1nS.
framed a bill which in his judgment will
give the relief sought by shippers. He COM
manded the attention of a large number
of Senators throughout his speech
Because of my supposed interest in rail-
roads it is charged and believed that l
favor the railroad side of this question"
said Mr.. Elkins in the early part of his
speech This has been SO often repeated
that l am sure it will be pardonable If |
say, in justice to myself. that my interest
on the side of the shipper is ten times
greater than on the side of the railroads,
and that my interest in railroads is confined
to those in my own state.
He showed how the Hepburn bill has been
passed by the House of Representatives
without opportunity for amendment, and
declared that the Senate should perfect the
bill.
Mr.. Elk.7s States His Creed.
II believe in rate regulation OF inter
state commerce by Congress in the inter
est of the people" he declared. Il believe
Congress has the power to fix rates of in
terstate carriers, and can authorize, under
proper restrictions, a subordinate tribunal
to carry out its Will in this regard.
Il believe in the right of review by the
courts of any order of the interstate COM
merce commission affecting the rights and
interests of carriers, shippers and local.
ties alike and in the right to suspend the
order of the cmmission by the court upon
a proper showing: but this suspension to
be allowed only upon the condition that
the rights and interests of the shipper
shall be absolutely safeguarded by requtr-
ing deposit of money in the court pend
ing the suspension, TO be paid to the ship
per in case the court sustains the order
of the commission reducing the rate.
Railway corporations are mere creatures
of the law, and exist by the viii and con-
sent of the people and in the interest of
the people; L believe interstate carriers
should be prohibited from transacting any
other business than carrying freight and
passengers and from doing any business
in competition with shippers; that they
should make fair distribution Of cars, put
in upon reasonable terms necessary
switches and sidings to accommodate the
needs of shippers, and promptly make con-
nections and fair and just prorating ar
engagements with branch and lateral lines
The time has come when the people de-
mand that railroads shall be law abiding.
L am in hearty accord with the Prsi-
dent in his position on the subject of rate
regulation and his desire to secure to the
people correction Of all abuses by rail-
roads.
Aim of the Elkins Bill.
Mr.. Elkins quoted the Presidents recon-
mendations in favor of rate legislation His
own bill substitute for the Hepburn
BILL he said, would correct the abuses COM
planned of and give to the country the re-
lief desired by the President.
Briefly he said. the substitute provides
that whenever any rate, fare, charge or
regulation established by any common car
rier shall be unjust cr unreasonable, or 9TH
erwise contrary to law, the commission,
after hearing. shall have power to make an
order directing the carrier to modify the
same in the manner and extent to be speci-
fed therein; and If the modification requires
the change of any rate, fare, or charge the
order shall specify the maximum rate to be
put In force by the carrier in lieu of that
found by the carried to be unjust I'M
reasonable, and otherwise contrary to law
Then follows the clause prescribing O re-
view of the orders of the commission by
the courts, and in case the court suspends
such orders during the tendency of the suit
to set them aside it shall do so only upon
the condition that the carrier deposit In
court such sum of money as may be neces
sary to protect the shipper and to be paid
to him in case the order of the commission
changing the rate is sustained.
THE remedy afforded in the first three
sections of this substitute embodies clearly
definitely. and logically the ideas of tbe
President and the demands of the people
as understand them, and in a way that
escapes all constitutional objections It pro-
yides. in constitutional way for a rsvte1u
by the courts on behalf of any shipper car
rter. or locality affected of the orders re
the commission and for a suspension of tbe
Same pending the suit Tor review,
Suit by the Commission.
The alternate remedy provided in the
fourth section. which the commission can
pursue or not In its discretion has the
merit of expedition, does away with the
delay incident to a long hearing before
the commission. taking sometimes more
than a year., This time is saved to the
shipper. Under this section the commits
sion at the cost OF the United States "a
go Immediately to the courts on complaint
or on Its own motion and institute a suit
TO enjoin any excessive or unlawful rate
or unjust practice on the part of the car
rier, the case can be advanced If the
court decides the rate Is excessive and en-
joints the carrier from charging the same
1t then orders the carer within a short
time to make substitute rate the same
to be approved by the commission. and
IL the carrier refuses or fails to make
such substitute rate, then the commission
Is authorized to make the rate, unless upon
review by the courts the order should be
set aside modified.
1.-THE carrier. with all the facts before
him and the decision of che court to in
struct him, would hardly fail to make q
proper rate and one that would be app
proved by the commission II ne should
fall to do so. then the commission makes
the rate.
No constitutional question can be raised
under this snbstitute; there are no doubt
full provisions that make it difficult to un-