The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-02-15
West Virginia Senator's Mea-
sure i'm Harmony With
Presidents Views.
COMMERCE COMMISSION
GIVEN MUCH LATITUDE
Provision Follows Closely
ROOSeyelt's Position as Out
lined in His Message.

WASHINGTON. Feb. Ex-senator Ell
kins today introduced his bin for rail-
way rate regulation The measure
provides that whenever any rate. fare or
charge established by any common car
rier shall be unjust and unreasonable the
Interstate Commerce commission shall
have power, after complaint and hearing
TO make an order requiring sucn rate 10
be modified, SO FAR as shall be necessary
in order to remove the unreasona bleness
and unlawfulness-
The order shall take effect on and af-
ter date TO be specified. not less
than thirty days after service upon
the carrier and shall continue In effect
Tor one year unless restrained or set aside
by n lawful order or decree Of court,
Elementary order OF the commission.
which may be made upon the application
on o. after notice to the carrier defend
ant IN the proceeding
Courts Given Power.
Provision Is made for the suspension
by the courts OF an order OF the commits
sion. In whole OF In part, whenever II
shall appear that Justice requires II, such
suspension TO continue until the reason
abieness of the order has been de-
termined.
The provision concerning the instltu-
lIbl VI SullS DS lnc commission mas peen
changed only In unimportant details and
no changes have been made in the re-
naming sections. A new section is in
corporated. however, providing that II
any section OF the bill is declared by the
Supreme court TO be unconstitutional
this ruling shall not affect other sections.
Senator Elklns says Of the bill:
This bill uses substantially the words
OF the President In relation to railway
regulations.
In Harmony With President.
''In every respect the bill complies with
and Is in entire harmony with the Presi-
dents position, as outlined in his mes
sage to Congress and his speeches, II is
also In harmony with the Idea as set
forth In Senator KnoX's Plttsburg speech,
The first three sections OF tho bill
follow the Presidents recommendation
that when a rate Is complained OF the
Interstate Commerce commission, upon
investigation. may set aside or modify
into effect Immediately. The right OF re-
view OF the action OF the commission by
the courts Is provided for in the bill. so
that there can be no question Of that
right applying
Provides Alternative Remedy.
The next section provides an alterna-
tive remedy. wherein tho commission can
go directly to the courts in any case
where the commission has reasonable
grounds to believe that rate complained
OF Is excessive or unreasonable, or any
practice or regulation is wrong or works
an injustice.
This alternative section OF the bill
takes from the commission the judicial
powers conferred upon 1t by the Hepburn
bill, eliminates the long hearing before
the commission expedites the case by GO
ing into court Immediately. and In secur-
ing an injunction and an order of the
court that the railroads shall make a new
rate, and falling to do So the commits
sion shall make one In its stead
Both provisions OF the bill are within
the Presidents recommendations"