Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1906-05-29
A VERY SUBSTANTIAL VICTORY.


future.
A VERY SUBSTANTIAL VICTORY.
Record-Herald: The rate bill which
the senate passed on Friday with prac-
tical unanimity is admittedly much
stronger measure than that which
came from the house. Mr.. LaFollette
vehemently denies that it meets in
and degree the wishes of the president,
and characterizes it as fraud and
snare. The president himself, we
know, does not take this gloomy and
extreme view. He has emphatically
endorsed the Allison review amend
ment, which he believes to be the ex-
act equivalent of the Long narrow
review amendment, and aside from the
unsettled question as to the amount
of power and discretion which the bill
confers upon the COMMISSIONS ques-
ton which the supreme court alone
the original expectations of the advo-
Gates of rate legislation.
Let us recall the origin of the great
and acute agitation 1t was in his mes
sage of December 1904, that the pres
ident directed the attention of con-
Sress to the demand of the commerce
commission and the shippers for addi-
tional railroad legislation. Here is
what he said:
THE interstate commerce commits
sion should be vested with the power,
where a given rate has been challeng-
ed and after full hearing found to be
unreasonable, to decide, subject to ju-
dlcial review, what shall be a reason
able rate to take it's place; the ruling
of the commission to take effect i'm
medlately and to obtain unless and
until it is reversed by the court of re-
view"
There were two essentials in this
program, the fixing of rates for flu
ture Observance-the absence of this
power having rendered all litigation
over rates futile and barren from the
shippers point of view-and the i'm.
mediate application of rate orders.
These were features which the rail
roads and their friends in and out of
congress proceeded to attack with a
zeal and earnestness worthy of a bet
ter cause. The fixing of rates bv the
commission under any restrictions was
voluntary proposal; it meant in
uustrlal paralysis, state socialism bu
reaucratic tyranny, and what not. As
Tor the immediate taking effect of com.
mission rates, that was lynch law"
The amended Hepburn bill confers
upon the commission power to pre.
scribe maximum rates for future oh.
serVance, and provides that such rates
snail take practically immediate eff
fect. The circuit court. it is true NAV
suspend rate orders but five DAYS no.
tee must be given by any carrier ap-
plying for an injunction. and the an
pllcatlon must be heard by three
judges. These, with other provisions
drastically limit the use of the iniunc.
ton in carriers in the effort to set
aside or suspend commission orders.
The provisions relating to pipe lines,
private car lines. express companies
and rebates are radical and sweeping
The publicity features of the bill are
excellent In short better and more
measure than anyone
expected, either at the outset or after
the passage of the Hepburn bill in the
house has been obtained thanks RI
the persistent and interchangeable work
OF the president (as even Tillman
handsomely recognizes) and to the
power of public opinion. The court
review clauses are vital. but they are
not the whole bill. They can he
amended if necessary. The victory is
notable, the gain substantial in any
event.
A