New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-07-20
FORAKER ON REVISION.
Says Tariff Is Al Right, and Makes
Some Explanations.

Miamisburg. Ohio July 19.-In an address be-
fore the Miami Valley Chautauqua to-day
! United States Senator Foraker called on tariff
revisionists for bill of particulars and ex-
plained some points in the recent rate legsla-
ton which did not seem to him to have been
clearly understood by the public.
Senator Foraker said, in part:
As 10 the rAte bill am charged with the offence
OF not having voted with my party. That is true
but II Is also true that while l did not with
the Republican party on the rate bill neither did
vote with the Democratic party. The argu-
ment Is as good the other but neither is i'm
portant. because no one VIII claim that I voted
against the rate bill for party consideration
/ voted against the bill for three general
reasons First, I thought 1t was unwise. second
thought ii was unconstitutional: third I thought
it was unnecessary.
thought it unwise. because experience has
demonstrated that ratemakng is difficult only
experts can do the work satisfactorily. There
thousands Of these experts constantly busted with
this kind of work. No of the skilled
perts could make rates for every quarter Of the
country much less seven laymcn. But It said that
the Interstate Commerce Commission Is not
take the initiative IN Tatemaking, but only 10 hear
Complaints against existing rates and when, on IN
Yestigaton and hearing. it finds that the
planned Of are unreasonable It shall have power 10
substitute new rates ana that in consequence the rate
making power will be limited and restricted its
scope and character. The trouble with this
tention is that il is impossible to deal with one
rate without affecting many rates. The work IS
not only too difficult, but il IS too great. any
seven men or any limited number OF men acting
a commission. II would be too great and too diff
cult If they had nothing else to do. but the other
duties and those that properly intrusted 70
such commission, those that purely admins
trauVe' are 50 numerous and so arduous and so
eXacting that a satisfactory discharge Of tAm
would take all their time and all their strength.
| believe that the country that Is least governed
IS best governed. Within the memory OF all Of us
this was maxim of universal acceptance-a car
dnal principle. to speak OF every political
party The railroads affect directly and indi-
rectly almost all the people Of the country and al
most all the business Of the country We must
-1Qfn into eF,Fn at1vg.uF
facilities for its transac tiOns. but il is
sary to resort to legislation in that behalf that IS
violative of the Constitution and by which the
government assumes duties which IN the nature OF
things it cannot satisfactorily discharge.
If we are 20 Ak the rates that may be charged
n st determine how much revenue a railroad
shall be allowed have. and this involves how
much Il may expend for the expense OF operation
what salaries il shall pay to it's officials what
wages to its employees. and how much it may
pend for bettermcnts, for equipment, for main
tenance and for construction. When the govern
ment becomes responsible for the rates that to
be charged II necessarily becomes responsible for
all these details.
I think the rate bill was unconstitutional be
cause it invested the Interstate Commerce Com
nissica with judicial, Legislative and executive
power
I was not in error in thinking the rate bin m
necessary, for time has already vlndcated the
tenuon that what needed at the time the Hep
only the enforcement of the laws already had.
1t is too much to say that 1t IS now con-
fessedly established that the courts have power
elimination or any Kind OF rebate or any KIND
Of a preference, matter in what way 1t may be
disguised. or by what method It may be practised
The Interstate Commerce act was passed IN 1851
the Hepburn law in June. 1906, and the Elkins
law in February, 1903. An examination of what has
been done under these respective l&wS SHOWS that
under the Interstate commerce act in the twenty
years II has been in force there have been all told
bat eighty-two indictments and under these elBhly-
two indictments there have been only sixteen con-
victions. Thirty-fve of them were nolled. twenty,
two were quashed, two of them were dismissed ana
In defendants
total amount Of fines imposed under this act IN the
whole twenty years is but $500 o.
The Hepburn went into effect in august 1870
but until this time. almost year. there has been
raeacrt;on under II and not one dollar Of fines,
or any kind of punishment, has been imposed upon
anybody.
WORK UNDER THE ELKINs LAW
Although the Elkins law was enacted in Fen
ruary. 1893. there was no attempt to enforce II
unti October 1906 less than two years ago. but
during this period, short II Is, there have been
more than one hundred indictments uhder H. ana
these indictments contain in the aggregate more
than two thousand counts. There nave oeen hu-
nervous trials and numerous convictions ana hu-
merous injunctons TO restrain furthef abuses
with numerous impositions or nhes as PeHaItIes
A. agaInst $500 of fines under twenty years OF
.be Interstate commerce act Of 1887, and It's amend
vents there have been In less than two years
sinca the government undertook 10 ENFORCE inc
p,ItIns law an imposition of fines under 1t amount
ing 10 S56s 075. and this does not lnclude me ieS
tho. utl he assessed by Judge Lands upon the
ctonaard OIL Company of Indiana, which has
been convicted under the Elkins Ia" on l'fO1
counts. ,,,.o,, +ho+ tho t7,kire
law is an efficient and easily enforced statute
everybody now recognizes ana conceoes thal
tot In simplicity efficacy and certainty. 1t Is
so far superior to all other laws that all prose
cntions hereafter as heretofore and now, VIII be
brought under it. instead of under the hepburn
iau or the general interstate commerce Ia"
CASE OF TROOPS AT BROWNSVILLE
have been charged with voting against the rate
bill with opposing joint statehood with trying 10
secure a hearing before the American people LOT
honor but | feel thankful that no Democrat mas
ever nominated me for office; not mat aisIke
democrats as men, but because am Republican,
and dD not like their principles and politics
n NAV be- pleasing TO Democrats or the south 10
90 tha negro soldiers thus put out of the service,
Cor the sentiment there is welnigh universal that
thew should not be allowed TO wear the uniform
even NJ a private soldier. But where is the Re-
nublIcan North South, who believes IN the
taacbing of Abraham Lincoln. Ulysses 5. Grant,
oliver p Morton. James G. Blaine, Benjamin Har-
rtson and William Mckinley. who does not be-
I,eve that no man be so black nor can he be
az humble but he shall have his day IN courtf
When the Republican party falters In It's devotion