New-York tribune., 1906-04-08
PRESIDENTS VICTORY.
4 RATE Law assured.
Congress Committed to the Principle
Differences OUer Details.
From The Tribune Bureau.I

..-ga5 nv common carriers is now assured
Toqni,e exaggerated reports regarding differ
80 between the President and the Senate
nv are a unit in their view Of the Important
..s,oinle involved. Congress before adjourning
III enact legislation in complete accordance
,i,b the Presidents recommendation that the
7.,e-state Commerce Commission be author
,.,s N fix The maximum rate which may be
,-,ed nv a common carrier whenever COM
.,.,nt e fled against the rate fixed by the car.
.rier
The fact that Congress IS uneQuivocaly COM
-,,,ed "a the principle advocated by the Presi-
Ar. seems likely to be lost sight OF in the tur
-osou attending the adjustment of minor details
:, ,be legislation Despite the war and rumors
!, war between the President and the leaders
:, che Senate. the fact remains that both houses
= congress. BY almost unanimous vote. will re-
.a,n5 70 the chief recommendation OF the Presi-
ssnt on this subject
7re o,,v difference between the Chief EXecu-
... and the leaders Of his party in the Senate,
hls ironortant in itself. affects after all merely
=. time when the rate prescribed by the Inter
s..,. commerce Commission shall actually go
into effect
r,e President holds that rate fixed should
:, into effect practically immediately and
...n n cAse of an appeal to the courts should
-.u,ain in effect until the courts have completed
,bs,r review Of the finding Of the commission.
The Senate leaders maintain that in those IN
stances where an appeal to the courts is taken
~. courts should have power to suspend the
snnrcstion Of the prescribed rate until they
have COMPLETED their review; but even if such
e-,snension or Injunction is granted the railways.
Or other common carrier involved. would. by the
,-ov,sions Of the Spooner amendment be COM
,.;iAd ~ denosit with the court the entire diff
e.rsnca between the rate collected and that pre-
scribed bv the Interstate Commerce Commission.
such difference TO be paid to the shipper In case
the decision Of the commission is upheld. to re-
'vsrt 10 the carrier should the decision Of the
commission be reversed.
ALL DIFFERENCES MAGNIFIED.
The tendency TO magnify all differences be-
tween the President and Congress-. and the vast
importance Of the entire subject, have led to
such exaggerated accounts Of their present
divergent views as largely TO becioud the facts
and mislead the ordinary observer as TO the
actual situation. It Is only by contrasting the
appsreut CONSERVATION of the more conservative
members Of Congress when the President first
recommended that an executive body be au-
fhorized 10 fix the rates to be charged by COM
mon carriers with their willingness to-day to
legislate in accordance with this proposition
that the full measure Of the Presidents victory
can be appreciated To-day the House OF Rep
ressHfafives bv fits almost unanimous adoption
Of the Hepburn bill has cUmni-1ed itself 10 this
4. principle and there can be found IN the Senate
hardly corporals guard which iF opposed to II.
IN his earnestness to obtain the best the Pres
Ident has attached great Importance even to the
detail of having a rate prescribed by the Inter
state Commerce Commission immune from tenn
porary injunction by the courts. although he
himself declares the propriety and justice of
permitting the courts to review the decisions
Of the commission and to grant a permanent in
Junction whenever the judiciary shall have de-
termined that the order OF the commission
amounts to a confscation Of the property Of
the carrier
At present the Indications all point to such
amendment Of the Hepburn bill viii permit
the courts 10 grant temporary injunction in
those cases where appeal is taken against the
decision Of the commission, with the provision
that the carrier so appealing shall deposit. sub
3ect 70 the order of the court, all charges col
lected in excess of the rate prescribed by the
commission.
THE PRESIDENTS CONVENTIONS.
But even II this prediction is verified. Con-
gress viii have clearly affirmed its belief in the
Presidents contentious. which are:
First-That the government has the right to
prescribe the rates to be charged by a COM
mon carrier engaged IN interstate commerce
Second-That Congress has the right to dele
gate 20 any legislative body the authority to
prescribe a maximum rate in accordance with
The decree OF the Congress that all rates must
De just and reasonable: and
Third-That rate so prescribed shall 20 into
eject practically Immediately shall cOnsti-
tuts priTna facie evidence of what is a just rate
and shall remain in effect until and unless re-
Fersed by the courts"
Members Of the Senate who oppose the enact
Of the HeDhTrr 1rffI ID
ment as VIII permit not only Of a court review
of the decisions OF the Interstate Commerce
Commission but Of the granting of temporary
lnjuncuons suspending rate prescribed by the
commission pending review by the courts point
10 the fact that il the decision of the commission
Is sustained by the courts ii will prove a simple
matter TO refund 10 the shippers the excess
rates which they have paid. whereas If such eK-
cess rates are not collected it would prove prac-
ucally impossible for the carrier to recover the
loss involved by charging a rate less than that
which the courts shall declare to be just. Those
who advance this argument insist that any law
capable Of working so great an Injustice as this
10 one q the parties involved would be declared
unconstitutional by the Supreme Court, and that
lhey are therefore, the real friends Of railway
rate legislation IA insisting that the pending law
De 50 carefully drawn as 10 remove all danger OF
It's being declared unconstitutional.
BURDEN NOT ON SHIPPERS
Those who advocate liberal court review
amendment also point TO the fact that under the
Proposed law the necessity OF entering into
legal contest with a railway or other common
carrier VIII not devOlve on the shipper, who it
IS admitted, is often in position where such a
contest would prove a hardship. once the ship
per has obtained a review of his case by the
Interstate Commerce Commission. and the COM
mission has prescribed what in its judgment
eorg,t+,,.., . d.. vs4e any litigation which NAV