The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1906-04-05
Ell IEINS in ACCORD
WITH The PRESIDENT
Special to Telegram

T. 4 3 I + 8 f I
Especial to Telegram.
Washington, April Despite the
wilfnl statements OF his enemies 10
the contrary Senator Elkins has al
ways stood with the President on
ithe question Of railroad rate legis-
llation. They have both desired the
same nd. They have both advocat-
ed a court review of the orders Of
the commission, because they have
felt that it is essential. In his last
annual message to Congress the
President said:
'sIt is not my province to indi-
cate the exact terms OF the law
which should be enacted; but l call
the attention Of the Congressto Ger
tain existing conditions with which
lit is desirable to deal. In my iudg-
mont the most important provision
which such law should contain is
that comforting uon somep compet-
ent administrative body the power to-
decide, upon the case being brought
before it. whether a given rate pre-
lserihed by railroad is reasonable
and just, and if it is found to be lln-
reasonable and unjust, then, after
| full Investigation of the complaint.
to prescribe the limit of rate beyond
which it shall not be lawful TO GO
the maximum reasonable rate. as it
is commonly called-this decision to
60 into effect within a reasonable
time and 10 obtain from thence on
ward subject to review by the
courts
''That,n said Senator Elkins to-
day, Expresses The views / now
Illold and that / have always held as
well as | could possibly express them.
I have always said that ] was in di-
rect accord With the President on the
subject, and his action in approx
ing an amendment specifically pre-
Ividing for a court OF review, which
is provided by indicertion by the
Hepburn bill, shows it. This will
satisfy everybody as to the constitt-
ti9nality Of the measure and ] be-
lieye that II win pass in substan-
italy thaf form.
tsTt will, however, be noted that-
tlie BIN as amended with the ,ap-
proval of the President, provides for
a court Of review, but does not re-
quire the railroads to make cash
depogit to indemnify shippers in the
EeVentvthe courts finally sustain the
irate fixed by the commission. I
thin gthat there ought to be such
provision, and my court of revifw
amendment made it. / think it
inanifestly unfair that a railroad
Ishould be allowed to enioin rate
fixed by the commission aud to
charge their old rate pending the
final determination Of the case in
the courts without being required 10
| put up a cash deposit to reimburse
lshippers for the difference between
the old rate and that fixed by the
commission during the pendency of
the litigation. The railroads will
get out their injunction against tile
commissions rate. which viii have
1.-THE effect Of allowing them to charge
lthcir oldra until the matter is fin
Ially determined BY thee ourfs. There
will be nothing in. the bill to re-
quire them to put money in escrow
to reimburse the shipper for over
payments pending the litigation, il
the court shall finally sustain the
commission. / think that in simplo
justice to the shipper such a de-
post ought to be required. But II
the people are satisfied without such
a provision | suppose the bill will
have TO pass without it.
Personally, I should very mich
prefer to have the rate fixed by the
commission remain in effect until
4 the matter was finally determined by
the court, but ] am told by the con-
stitutionaI lawyers Of the Senate
that such a provision would be un-
constitutional" J"