Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-04-06

broad court review provision In the rail-
road rate bin are now claiming that Presi-
dent Roosevelt originally contended for the
right of every one to have his day in court
and that the amendment promulgated from
the White House last Saturday as the 'ad-
minlstration amendment stultifies the
Presidents original contention Senators
are looking back over the Presidents
speeches and messages, and insist that the
conservatives who are now holding out for
broad review are In step with the Prest-
dent in the pace he set at the start.
Action of Ohio Legislature
In this connection, senator's discussed
with interest today the reply which Senator
Foraker made to the resolution OF the OHIO
legislature on that very subject The legis-
iature adopted a resolution expressing the
opinion that President Roosevelt was
right when he recommended to Congress
that law be passed comforting upon some
competent administrative body the power
to decide, upon the case being brought be-
fore II, whether a given rate prescribed
by railroad is reasonable and just. and
II 1t Is found unrea sonable and unjust,
then, after full investigation of the COM
plant, to prescribe the limit of rate beyond
which 1t shall not be lawful to go the
maximum reasonable rate" as il IS COM
monty called, this decision TO go into effect
within reasonable time, and to obtain
from thence onward, subject to review by
the courts "
Senator Foraker has replied to the legis-
tuTe and his letter has been published The
senator takes the stand firmly by the Presi-
dents side for efficient court review and
points out how. In his opinion, the Hep
burn bill fails to accomplish what the Presi-
dent, the legislature and he so much de-
sire.
Presidents Message of 1904.
Some senators, upon a first reading of the
Foraker reply, feared that they detected
a trace of sarcasm in it, but dismissed the
thought as unworthy. In the outset SEN
ator Foraker establishes the Presidents
position by quoting from his message of
December 9. 1904. as follows:
The commission Interstate commerce.
should be vested with the power, where a
given rate has been challenged and after
full hearing found to be unreasonable to
decide. subject to judicial review what
shall be reasonable rate to take its place,
the ruling of the commission to take effect
INN ediately and to obtain unless and until
1t is reversed by the court review
He then quotes Secretary Tafts address
at Akron. Ohio last October as an inspired
speech. as follows:
1.-THE Presidents proposition is that the
power of the commission shall be to hear
complaint that a particular rate Is unrea-
sonable. TO declare it to be unreasonable
and to fix the rate which should be reason
able, and embody this finding In an order
which should stand until set aside by a
court, either upon preliminary or final hear
ing"
Hepburn Bill Criticised.
Thus taking his cue from the administra-
ton, Senator Foraker goes on to tell how
the Hepburn bill fails to come up to the
standard advanced by the President.
In every one of the sixteen states in the
union where railroad commissions or other
officials have been authorized and empow-
cred to fix rates and prescribe regula tons,
suitable provisions have been made for
review by the courts of all such orders.
''Such was the previous discussion and
such the character of legislation on the
subject In the different states, and such
the character of all the bills that had been
introduced when the Hepburn bill made
its appearance.
Like all the other bills, it conferred the
rate-making power as recommended by the
! President, on the interstate commerce COM
mission, but unlike every similar statute
enacted in the various states and unlike
every other similar bill introduced in Con-
gress, and in direct conflict with the utter
ances of the President and every other
person who had spoken for him, 1t not
only fails to provide for review by the
courts, but 1t Is Intentionally so drawn,
as some of It's leading advocates acknowl-
edge. as to prohibit such a review. not
only upon the petition of the carrier, but
also upon the petition of the shipper or
any other person or community interested
or affected by the orders of the commits
sion.
pected so unprecedented. SO un-American.
and so in conflict with that rule OF Ameri-
can life and American institutions that
every man is entitled to his day in court,
that every other question raised by the pro-
posed legislation has been overshadowed
and almost lost sight of in the debate that
is now in progress.
Senator Foraker's Endeavor.
Il have been hoping that in some form or
other this kind of legislation, which could
not prove otherwise than effective, may be
enacted: but assuming that the Hepburn
bin in some form viii be passed and become
law. l shall consider 1t my duty to do all
in my power to make 1t constitutional,
workable and effective measure.
MY oath of office requires that. and /
would not only violate that. but also my
duty 10 my constituents and the whole
country If 1 were to do otherwise than fol-
low its requirements
with respect to this duty you have re-
Neved me of all embarrassment by the &C
| ton YOU have taken In adopting the amend
| ed provision above referred to as a part OF
| The measure you have just passed to pro-
| vide for a full and complete review in the
/ courts of the orders OF the commission you
have created.
| Your action was of course, taken intelli-
| gently deliberately and officially, but aside
| from the fact that it was taken in this In
! teiligent and deliberate way Is doubtless
| the further fact that because of the equity
! and justice involved. you would not change
your action even though the President
| might for some reason sufficient for him
| self, see fit to change his own views with
| respect to such provision, as ii has been
| claimed. enormously. hope. he has done"
|
FoRTIFICATIoN OF CANAL.