The National tribune. [volume] (Washington, D.C.) 1877-1917, 1906-01-25
THE RAILWAY RATE BILL.

THE RAILWAY RATE BILL.
1t is now practically determined that
the DOlliver-Hepburn Bill will receive
the support of the Republican Party
and be the form that the rate legisla
ton will assume. That is, 1t will be
substantially the form. There will be
a number of amendments as to details.
but party discipline will be invoked to
the utmost to put the bills through
virtually in their present shape. The
initial struggle was fought out in the
Senate Committee on Interstate Com
merce, of which Senator Elkins is the
Chairman, and which has had the vari-
Gus rate bills under consideration since
several weeks before the meeting Of
Congress. 1t was called together thus
early because of the desire to have it's
business in such forwardness as to
make sure that the legislation could be
properly considered and completed dur
ing the present session. 1t was sup
posed that Senator Elkns would be the
author of bill, but the Committee
seems to have looked less favorably up
members. One feature for which he
was especially anxious was provision
for an appeal from the rulings of the
Commission to the courts. The other
members of the Committee believed
that this right obtained without any
special provision being made for it.
Such a right was part Of the judicial
system of the country, and need not be
specially provided for
The bill introduced by Senator DOL
liver and considered by the Committee
is in most features the same as that
introduced in the House by Represent
alive Hepburn, of Iowa, the Chairman
Of the House Committee. 1t provides
for Commission of seven members
with salaries nearly equal to those of
Associate Justices of the Supreme
Court. 1t is expected that by this and
by the honor Of the position the best
and the Commission made I'D in such
way as to command the appreciation
and confidence of everyone. Senator
Dolliver says with reference to the bill:
"The bill which have introduced Is
intended to correct some of the abuses
that still exist in the matter of railroad
rates. 1t is not drawn in a spirit OF
hostility to the railway systems Of the
country. but in the interest of harmony
and good will between the railways and
their patrons 1t provides a public
tribunal, impartial in its attitude, be-
fore which the shipper may present his
complaint against an existing rate, and
the carrier his defense to the rate, SO
or.ic if,cr ,P
greement between the two may not be
left without an effective solution
The bill avoids comforting upon the
Commission a dispensing power or any
authority to disturb commercial condi-
tons where separate markets are in
volved, or competitive ports or inde-
pendent railway systems. The jurisdic-
ton is confined to the carrier COM
planned Of, and in the case Of q joint
rate, to the carriers participating there
in. The power Is given in such q case
to the Commission to investigate the
subject fully, hearing all parties, and
In case the rate complained of. or any
regulation affecting it. is found to be in
violation of the Interstate Commerce
act, to correct it by an order requiring
the carrier to fix it's rates with refer
ence to a reasonable maximum pre-
scribed by the Commission.
THE bill proceeds upon the theory
that such an order of the Commission
should go into effect at the end Of 80
days, unless in the meantime 1t is modi-
fed by a supplemental order OF the
Commission or suspended or vacated by
order or decree Of the Circuit Court Of
the United States exercising a jurisdic-
ton in equity, which cannot be limited
or in any way abridged by an act Of
Congress. II such an order Of the Com
mission is found by the court to be un-
fair to the carrier. or unjust to the pub
lie. we have the authority of the
Supreme Court for saying that 1t is the
duty Of the courts to vacate 1T. The
bill is framed on the theory, which the
Supreme Court has repeatedly held to
be sound, that well-constituted Com
mission is better able than the courts
to deal with the question Of railway
rates, and with the understanding that
no jurisdiction could be conferred upon
the courts to pass Judgment upon the
order Of the Commission with a view to
modifying its terms"