Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-04-06
Senator EIkins Picks
Flaws in Hepburn
Rate Bill.
AT LAST AIRS VIEWS
Suggests Additions Which He
Has Covered in Various
Amendments.

Washington, April CAS- soon as the
routine business was disposed of in the
senate today Ell1ins took the floor TO
present his views on the railroad rate
bill.
Elkins announced at the outset his
desire to secure such legislation that
would secure to the people "a prompt
and adequate remedy for evils, injus-
tice, abuses, and wrongs Of every kind
practiced by railroads. 'or in any way
| growing out of their proportion, but
he said that while he favors the pend
| ing bill he wanted it made better and
stronger.
First For Own State.
Il stand, first, for the interests of the
people of my own state" he went on,
'and after that for the interests of ali
the people of the United States.
have no interests that can affect my
Judgment or prevent me doing my duty
as a senator as 1 see it, Because of my
interest in railroads, it is charg-
ed and believed that | favor the rail
road side of this question.
This has been so often reported ]
am sure it will be pardonable. if l say,
in justice to myself. that interest on
the side of the shipper is ten times
greater than on the side of the rail
roads, that my interest in railroads is
confined TO those of my own state
House BuI Too Weak.
He declared his principal objection
to the house bill to he that it does not
go far enough into remedying the evils
and expressed, as fhis opinion, that if
enacted into law! it would prove a
general disappointment.
He said he wa in hearty accord
with the president on the subject of
rate regulation, and then indicated
respects in which, according to his
opinion. the bill falls Short in accom-
plishing all that should be accomplish
ed by railroad legislation.
Suggests amendments.
Among these were the following:
Prohibition against railroads produc-
ing, selling or shipping their own coal
and other like articles in competition
with other owners; requirement that
switches shall be built where needed
TO accommodate business; require
ment compelling interstate roads to
make connections with connecting
lines; requirement for fair and just
distribution of cars among shippers.
He had, he said. introduced amend
ments covering these defects.
Would Oversfep Constitution.
After considering the question of
court review at some length, he an
nounced his conclusion in the follow
ing language:
q. That any legislation intending
to confer upon theSnterstate commerce
commission the poEer to fix rates will
be unconstitutiona3 unless it preserves
the standard of charges which shall
control and requires the commission
to conform thereto in fixing rates.
Carriers Rights Plain.
90 That any legislation attempting
to fix rates would be unconstitutional
whose practical effect is to deny toI
common carriers the right to invoke
and obtain, in due time, the protection
of the courts from being compelled 20
transport a person or property at rates
which violate the carriers constitu
tional right
He declared the pending bin works
as clear delegation of congressional
power TO fix rates, and added: at
would seem, therefore. necessarily toi
follow that provisions of bill confer
ring the rate-fxing upon the commits
sion are unconstitutional"
Check Is Needed.
He outlined his own view of what
should be ACCOMPLISHED by the court
of review, as follows:
in order to Insure judicial review
which will adequately protect property /
and commercial ihterests involved, and
which will operate as conservative
influence over the. commission itself, It
is important for the act to define the
commissions jurisdiction and make it !
depend, not upon the commissions
opinion, but upon facts, and for the
act to show that the commission shall
make no greater change than is neces-
sary to prevent rates from being un-
reasonably high.
Change Only When Unjust.
This can be done by authorizing the
commission to change rates only when
existing rates are unjust, unreasonable
and only so far as may be necessary