Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-02-13
FOR REVIEW OF RATES
Proposed Amendment of the
Hepburn Bill.
CONFERENCE TO BE HELD
Hopes Of Obtaining an Agree
ment.
TODAY'S COMMITTEE MEETING
Questions Asked by Mr.. Foster-Ex-
PLANTATION by MI. Dolliver-Mr. FL
kins Introduces His Bill.
,oDAY's COMMITTEE MEETING


ing OF the Senate committee on interstate
commerce that an amendment would be
proposed tomorrow on which supporters OF
the court review feature for railroad rate
legislation may agree. The phraseology of
the amendment has not been determined.
but may be decided upon at a conference
Of Senators Elkins. Aldrich and one or two
others opposed to the bill It stands.
Senator Foster took active part in the
discussion today by asking questions con-
corning the powers of the courts under
the Hepburn bill, and whether 1t would In
terfere with any fundamental rights.
Senator Dolliver explained the rate-lnak-
ing section OF the BILL and the intention of
persons who drew 1t, declaring that it
was the purpose to carry out the provisions
of the Constitution giving the government
the right to regulate interstate commerce
between states
Neither faction in the committee Is able
to line UP its forces and know just where
it stands. Cne or two democrats have not
made their positions known. OF the repuo-
licans. Dolliver. Clapp and Cullom favor
the bill as it came from the House, and
Elkins. AldIich. kean, Foraker and Crane
will not vote to report bill which does
not contain a provision for court review OF
orders of the interstate commerce commits
sion. Supporters OF the House bill have
claimed all of the democrats, but the
speech of Mr.. Tillman in the Senate yes
terday is said to have made them uncer-
tain as to his vote. and so far as known
Mr.. McLaurin has not made his position
clear. II these democratic votes are lost
the bill could not be reported In Its pres
ent form. If one of the votes was lost
the committee would be tied. as Senator
Cullom cannot get here to vote Friday and
Senator Dolliver las been unable to arrange
a pair In the committee.
That provision of the Hepburn bill pro-
viding for revisw Of the decisions OF the
interstate commerce commission Dy the
courts took up a. large part OF the time OF
senators today. The Hepburn bill allows
such review only in case the rates fixed
by the commission are deemed to be con
fjscatory, but there was very general ap-
prevail by those who are known as the con-
sentative republican senators of extending
that appeal to cases in which the reason
ableness of rate is considered. also re-
view Of the lawfulness Of the proceedings
that have taken place.
The Presidents Attitude.
The speech of Senator Lodge in the SEN
ate yesterday did much to clear up the at
mosphere in relation to the attitude Of the
President on rate legislation. for the reason
that although Senator Lodge is not regard
ed as being in any special sense the spokes-
man Of the President. senators believe that
he could be at least depended upon not to
misrepresent the views Of the President.
There Is no doubt that during the last few
days much has been done to clear up tile
rate-making situation by better under
standing of what the position of the Presi-
dent has been.
1t was at one time asserted, in spite of
the Presidents recommendation in his an
nual message, which referred to right OF
a carrier to have a judicial review of the
actions of the commission. that the Presi-
dent did not favor any review except in
case of confiscatory rates
tn Nnl liIynr Sana RI plnf and
cratic senators have been fighting any fur
Their review In the courts in such cases in
the committee, and 1t has been frequently
claimed that their attitude represented that
Of the President. There is now consider
able doubt on that subject and senators
who believe more liberal appeal provision
is absolutely necessary in order to make
the bill constitutional and therefore to al
low it to stand IL attacked In the courts ara
now much encouraged that such a pro-
vision will not only prevail in the commit
tee, but, whether it is approved by the
committee not, will prevail in the Sem
ate
The committee will vote Friday on the
various bills before it, and will then at
tempt to come to some agreement on a bill
to be reported to the Senate Although the
Hepburn bill was under consideration to-
day, no final action was taken in regard to
1t and no amendments were definitely
adopted. The discussion was largely in or
der to ascertain just what appeal provision
could be agreed upon and how far the Hep
burn bill could be made satisfactory to as
many senators as possible.
Mr.. Elkins' Bill Introduced
Chairman Elkins. chairman of the-com-
mittee, today laid before the Senate his
bill for the regulation OF railroad rates.
Nearly every other senator who has any
special recommendations to offer has al
ready put in either bill or amendments,
but Senator Elkins as chairman of the
committee. has purposely deferred action
OF this kind until he has had opportunity to
hear all the arguments to be advanced in
relation to the various propositions that
have been made
His bill is the result of great care and
elaboration. and as 1t was the Eikins law
that preceded the law that this Congress
Will undoubtedly pass for the regulation of
the railroads, great many of the sena-
tors friends expect that he will have the
solution OF this great problem now before
Congress. Speaking of his bill today. Sena
tor Elkins said:
This bill uses substantially the words of
the me resident In relation to railway regula-
tion In every respect the bill COMPLIES
with and Is In entire harmony with the
PRESIDENTS position as outlined in his mos
e eal TO CONGRESS and his speeches. 1t Is
also IN harmony with the ideas set forth In
Senator Knox's Pittsburg speech.
Presidents Recommendation FoI,ora
me nrst three sections of the bill follow
sAAS hSSAo0tie Recommendation that whom
q rate Is complained Of the interstate com
merce commission. upon investigation, may
set aside or modify the rate or may fix a
new rate to go into effect immeoIate,v
The right of review OF the action Of tho
commission by the courts is provided for
In the bill. SO that there can be no cues.
ton Of that right applying. It Is pro-
yided that from any order OF the commits
sion the carrier may appeal to the Circuit
court and may have hearing, and a fur
Their appeal to the United States Supreme
Court is provided for In case it is neces-
sary.
The next section provides an alternative
remedy. wherein the commission can go III
rectiy to the courts in any case where the
commission has reasonable grounds to he
lieye that rate complained Of In exces-
sive or unreasonable or any practice or
regulation is wrong or works an injustice.
and tho commission Is authorised to pro-
coed at once In its own name or In the |
name OF the shipper In the circuit courts |
OF the United States by Injunction to en-
Join the rate. rule or regulation complained /
of. II the court enjoins the rate and says
that the carrier shall desist from charging |
such rate the court will not undertake to
say what will be the rate In the future