The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-05-19

railway-rate bill marks an epoch In
the industrial legislation of the country.
It came upon the country as almost q |
new subject, but, contrary to the pop
ular belief, the question is q genera
ton old It is nineteen years since
congress passed the Interstate COM
| merce act, and then only after COM
plant after complaint had gone up to
congress of the ,tyrannical conduct of
the railroads.
| In passing that bill congress appears
to have intended to give the commits
sion power to regulate rates. 1t gave
the commission authority, when rate
was complained of, after hearing, to
order the offending railroad to substi-
tute new rate. For several years
thereafter the roads were accustomed
to obey But in the year 1897 a rail-
road took the case to the supreme court,
which decided that the congress had
not specifically clothed the commission
with power to regulate rates. Since
then the railroads have regularly
flouted the orders of the commission.
|
thing like this: A rate being COM
planned of as unreasonable, the road
would carry the order of the commits
sion declaring it unreasonable to court,
and if, after all possible appeals had
been exhausted, the court declared that
the commission was sustained, the road
would reduce the rate cent. Then the
commission might abandon the case or
begin over again. - o. ...@-@"- -
This was the condition when Presi-
dent Roosevelt sent his message Of De-
cember, 1904, to congress. In this
message he precipitated the rate dis
cussion in these words: -
}, In my Judgment the most important
legislative act now, needed as regards
the regulation of corporations, is an
act to confer upon the interstate COM
rates, the revised rate to go into effect
and to stay in effect unless and until
the court of review reverses it.
The house of representatives imme.
diately took up the presidents recon-
mendation and passed what was known
| as the Esch-Townsend bill. The senate
ignored the bill and resorted to hearings
before the committee of which the de-
! lectable friend Of the people Elkins is
chairman.
, The president last December renewed
. passed the Hepburn bill in response.
, This is the bill which has now passed
9 the senate with numerous amendments
and which will undoubtedly pass both
. houses in some amended form. 2.'''
The senate debate has been long and
q in some respects able, tho much time
= has been consumed in -:technicalities
The point around which the debate cir
9 culated was that of court review. II
was this point which brought the presi
- dent into communion with Tillman anC
r Bailey, and it was his retirement from
"a the alleged partne rship which precipi
e tated their complaints of bad faith OF
4 the part Of the president. They hav'
: claimed that the president sought thei
-; aid in putting thru a bill which woul'
9 limit the review of the courts as ap
f piled to the orders Of the commission
g The. president has publicly stated tina
he never gave his adhesion to any PAL
tx ticular sort Of amendment, being sat
mt isfed to see a bill perfected whic
We would carry out substantially the ide
of the Hepburn bill, which provided tw
essential things, first that the commi:
sion should substitute a. reasonable fo
ng an unreasonable rate, and that the rat
n should go into effect within thirty day
er and stay in effect unless and until owe
on thrown by a court Of review. TIL
ut president never made any suggestion
he in his messages that the review powt
lat of the courts could or should be lir
'as tied. The idea was not in the Hepbu,
en bill nor in the Esch- Townsend bill.
he was senate coinage, and insofar
Ids the senate has done anything to linn
ity the court review, it has strengthens
at the bill.
ant The amendment which was final
of adopted, the Allison amendment do
up limit the review Of the courts is pr
Ses viding that they shall not issue I
anS straining orders without notice to t.
the commission, nor within five days
err the notice and then not by the act
Die. one judge, but by bench of thrt
clio The senate has also engrafted an an
IGN pass amendment and has brought pi
is lines under the jurisdiction of the CO.
tee mission as carriers of interstate CO
urS merce. -....
ohl The senate instead of weakening t
'ar- bill apparently has greatly streng'
inc ened it,. The explanation of this is
an be found not in inherent sympathy
lies the senate with the principle of t
'eo- bill, but in the fact that the case +
nsi- the bill has been continually growing
~ the country and in the act of the pre-
'eai dent in throwing into the discussion
ara the critical moment the Garfield rep
ons showing up the Standard Oil compa1
ue The closing hours Of the debate W.
~ ~ characterized by very close attent1
VIZ to the constitutional question whetl
my the bill would stand in court with
"i ~ words "in it's Judgment written
, -, = The senate finally rejected these wo
t .no because of the expressed fear tt
ny their presence would invite an adve
L7 decision at the outset. With tn
-, words in the law and allowed to sta