The Washington times., 1906-02-12
Senator Voices Presi-
dent in Rate LegiS-
latiOn.
THROWS BOMB INTOCAMP
Scores Radicals and Throws
Some Light on Rebate
Situation.

Senator Lodge of Massachusetts
hurled a bomb into the camp OF the
radical railway rate forces today
In :. speech in the Senate. which gave
every evidence of most careful DTeDar-
alton. he emphaticaIly declared that the
President stood for the principles Of a
maximum reasonable rate. with sub
sequent review by the courts. He char
acteTiZed the opponents Of a judicial
review as prophets Of a new dispen-
sation" and in effect branded as snur-
ious any rate bill protesting 20 carry
administration support and apron
which did not contain such provision.
now being insisted upon by the So
called anti-Administration Senators in
committee.
Coming as it die. from the Presidents
closest personal friend in the Senate.
and AT a time when the question Of re-
view is exciting unusual attention. the
speech was generally considered TO be
of great significance.
The Senator's announcement followed
a reference 10 the Presidents pub-
lished utterances, and 10 speeches TO be
delivered by Senator Knox at Pittsburg
and by Secretary Taft IN Ohio.
For Court Review.
claimed earnestly. 'it is clear that ths
policy laid down by the President, ds-
cIared in published speeches by those
authorized to speak for him. and adopt
ed SO far as the courts are concerned,
only year ago ~ the House of Rep
reSentstives. embodies the principles OF
the maximum reasonable rate estab-
Iished by the commission, and the sub
sequent review Of such rate b. the
courts If their aid is invoked. 10 de
terrni1ie not merely whether the rate
established by the commission is con-
fscatory. TtIt whether il is lawful. just
and reasonable
ITO this policy I gave nv adhesion
and for a proper bill, embodying these
principles, ] propose 10 vote ! confess
that 1 do so with reluctance Tor ] have
the graVest doubts as to the wisdom
Of Government rate making. even in the
most limited form. but SO important does
this legislation seem 10 me. 50 essential
do I think a proper regulation ana
supervision OF the railroad system. lhat
am not willing to oppose it, even II
do not feel satisfied as 10 some Of It's
features.
But if this policy which 1 have de-
scribed Is 10 be modified the case VIII
assuredIv change. There seem TO be nov
prophets OF a new dispense ton who
wish to deyart from the line marked out
accepted IN the House bill OF last year
hv removing 50 TaT as possible from
the proposed law all proper provisions
for review by the courts Ihls seems 10
me to strike at the very heart of the
measure. 7 am anxious 70 sec this ieSiS-
Iatfon but ! cannot assent 70 any re-
striCtion upon the right oi an American
citizen to seek redress in the courts OF
the country I am nor Yet prepared to
substitute for the courts of the United
States an executive commission
Rights of Citizens.
The Senator thought the solution Of
the problem of vast importance. but he
declared that It sank into nothing. COM
pared with the primary duty of preserv-
ing to every American-high or low.
rich or poor-free access TO the courts.
A rate may not be absolutely confiscs-
tory. and vet may be in the highest d.
gree unjust and unreasonable, and, in
deed. weu-nigh ruinous." he continued.
II am not sure that il would be possible
to deprive citizen, by legislation. Of the
right To appeal to the courts. as TO the
Justice and reasonableness Of a given
rate. which is purely judicial ques-
ton
But no attempt ought to he made.
either directly or Indirectly. by silence
or by assertion. TO destroy this privilege.
or, rather. this right II delays are
a
by law which will compel the swift dis
position Of these railroad cases If il IS
a question as TO maintaining a rate
pending an appeal, either by bonds or bv
paving the money into court loss to the
party successful In the suit can he nre-
vented. None of these objections have
any real weight.
THE experience of the world leads
me to doubt most seriously whether
any government rate making. with a
view TO curing place Determinations can
be effected without bringing a change
Off the worse. but If IL Il to be tried
at all, IL ought not to 60 beyond the
fixing of a maximum rate by the COM
mission. with the most absolute pro-
lection against hasty or DreJudiced ac-
tion through provision for an appeal to
the courts Of the country
There are between two millions and
q half aud three millions Of peonIe
whose livelihood is dependent upon rail-
roads. To force. by ili-considered leg
iSlation, a reduction in the earnings of
this great body Of people would be a
cruel injustice. but that is lust what
we shall do If we do not consider we'll
the steps We take"
The Senator thought thar if there
were no evils to be remedied, except those
OF excessive rates, very little legisIa-
ton would be required. The granting
Of rebates. to his mind, was the griev-
Gus sin II favored amending the Elk
visions in regard to private car lines
switching charges. private sidings and
tracks, elevator charges. Midnight
rates, and "all the various and ingen-
ous arrangements now employed to
cover up the grant Of rebates"