The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-02-14
ELKINS INTRODUCES
HIS RATE BILL
in The SENATE

-.
Senator Elkins Yesterday afternSoat
introduced his bin in the Senate
The measure provides that when
ever any rate, fare or charge estab-
lished BY any common carrier shah
be unjust and unreasonable, the in-4
terstate commerce commission shall
have power, after complaint and
hearing, to make an order requiring
such rate to be modified, 50 far as
shall be necessary in order to re-
move the lmreasonableness and un-
lawfulness. The order shall take
effect on and after date 70 be specs
fed not less than thirty days after
service upon the carrier and shall
continue IN effect for one year unless
restrained or set aside by lawful
order or decree OF court, or unless
revoked or modified by 4 supple-
imentary order Of the commission,
which may he made upon The ap-
plication Of, or after notice 10 the
carried defendant in the proceeding
A provision is made for the sus-
pension by the courts of an order Of
the commission in whole or in part
whenever it shall appear that Justice
requires it, such suspension to con-
tinue until the reasonableness Of the
order has been determined. The
provisions concerning the Institution
of suits by the commission have been
changed only in ltnimportant de-
tails and no changes have been made
in the remaining sections. a new
section Is incorporated, however,
providing that if any section Of the
bill Is declared BY the supreme court
10 be unconstitutional, this ruling
shall not affect other sections.
Senator Elkins says Of thebilI:
This bill uses substantially the
words Of the President in relation to
railway regulation. In every re-
spect the bill complies with and is
in entire harmony with the Presi-
dents position, as outlined in his
messages to congress and his
speeches. 1t is also in harmony
with the idea as set forth in Senator
knox's Pittsburg speech.
"The first three sections of the
bill follow the. Presidents recon-
mendation that when rate is COM
planned Of, the interstate. commerce
commission upon investigation may
set aside or modify the rate or may
fiS new rate TO 20 into effect inn
The right 70 review Of
the action of.the eommission.-hy the
courts is provided for in the bill 81
that there can be no question of that
right applying.
The nest section provides an AZ
Tentative remedy. wherin tha COM
mission can 20 directly 10 the courts
in any case where the commission
has reasonable grounds 70 believe
that rate complained Of Is exces-
siye or unreasonable.
eThis alternative section OF the
bill takes from the Committee the
iudiciaI powers conferred upon II
BY the Hepburn bill. eliminates tlie
long hearing before the commission.
.expediates the case by going into
court Immediately and IN securing
an injunction and an order Of the
court that the railroads shall make
a new rate and failing 70 do it, thc
commission shall make one in lis
stead.
.Both provisions Of the bin are
within the Presidents recommenda-
lions. The President has said re-
peatedly that he did not want ibe
commission 10 have arbitrary and
autocratic powers. He has also de-
clared, as set forth in his message.
that whatever the commission might
do, ii would be subject to review N
the courts