The Washington herald., 1907-02-25
Views of Minority of Senate
Interstate Committee.
AN EXHAUSTIVE STATEMENT
Senator ElLius Presents Conditions,
Arguments, and Analyses of Rail-
road Problem in DetaiI-Important
Contribution TO the History of the
Famous Rate Bin Debate.


/ present 10 the Senate to-day the minority
report on the rate bill which was passed
/ by Congress last session. The document
/ besides being unique by reason of its
/ posthumous character, is most interest
/ ing as a compendious review from the
/ opposition standpoint of the causes, his
/ tory, and necessity for interstate regu-
/ lation OF railroads. The report consists
/ of hfty-five octave pages, much of which
/ is an exhaustive historical statement.
Reciting the peculiar facts connected
with the reporting of the bill to the Sen
ate after many months of obstructive
consideration, Mr.. ElkiDs. who writes and
! signs the report. deplores the action OF
/ three members OF the majority of the
/ committee in joining with five members
/ Of the minority TO report measure
which had the approval of but two
! members Of the committee" and which
went to the Senate without adequate
amendment in committee. This action
/ Mr.. Elkins characterizes as a departure
/ from the ordinary and orderly procedure
| in accordance with which measures pre-
scented 20 the Senate have the sanction of
the committees to which such measures
/ have been referred"
Minority Amendments.
Speaking OF the amendments which the
bill should receive. the minority report
says
"The failure Of the Committee on In
terstate Commerce TO formulate amend
ments providing for a judicial review
of the orders of the commission. if fol-
lowed by a similar failure to perfect the
bin in the Senate. would, in our judg-
ment, render the measure void and use
less for the purposes which 1t is in
tended 10 serve. 1t is proper to say that
the necessary judicial proceedings can
be effectually guarded, and should be so
guarded. against becoming a mere cover
for delay or from in any way prolOng-
ing the correction of actual abuses in
rates or practices affecting rates Ju-
diciaI review OF the sort here discussed
is provided for in the State regulative
systems, including those which are re-
garded as most effective.
"Other amendments. in our judgment,
necessary TO the perfection of the bill
would compel the separation Of the bust
ness Of railway transportation from the
business Of manufacturing OF otherwise
producing the articles transported, and
would provide for the construction under
reasonable conditions Of connections with
private tracks of shippers extending 70
their mines, plants. and factories. and
with lateral or branch lines. We be-
lieve. also, that great care Is necessary
IN order, If possible. to bring the au-
thority conferred upon the Interstate
Commerce Commission within constitu-
tional limits. and that at least the maxi
mum rates and practices which IL is au-
thorlZed 20 prescribe ought to be those
that are reasonable and just.
"On account Of the failure Of the COM
mittee to provide for these and other
amendments, and for other changes Of
form and substance necessary TO make
workable statute. we cannot concur in
the order 20 report the bill favOrabiy
The report. now presented eight months
after the bill to which It applies. will
afford much amusing reading matter 70
Senators who participated In the memoir
able debate on the rate bill through the
long weeks when efforts were being made
to perfect the measure, II IS not often
that the trainers of a minority report
have the opportunity to perform seriously
the duty OF counseling amendments of
bill IN the light OF actual historical enact
ment Of the measure. There are many
recommendations in the report that would
have had a sweet sound TO the ears OF
Senators who were striving TO perfect
the rate bill last summer.
Efforts of Interstate Commission.
The report speaks Of the popular de-
10
of the powers OF the Interstate Commerce
Commission, as follows;
THE basis Of the demand for additional
legislation IS to be found in a belief that.
in spite of the laws already enacted.
certain users of railway service are stiII
given advantages over their competitors.
and that occasional instances OF excessive
rates, not adequately to be controlled
under the present statute, exist Whether
it is justifable to conclude that it would
be impracticable so thoroughly 10 enforce
the existing laws as wholly TO eradicate
both classes of evils may be an open
question but there is no need for dispute
over the suggestion that further safe
guards should now be provided. The law
ought not only to prohibit and prevent
secret determinations and excessive rates.
but it ought, also, TO provide fully for
correcting all existing abuses and such
effective, prompt, and inexpensive means
for enforcing the principles of right and
justice as 70 render the impossibility of
continued and successful injustice evident
to all. 1t would be as unwse to per-
Petuate conditions which naturally give
rise to general suspicion that injustice
exists as il would be wrong TO tolerate
actual injustice.
There has undoubtedly been consider
able pressure for the enlargement of the
regulative law. The annual reports of the
Interstate Commerce Commission disclose
that II has long been restless on account
of certain limitations upon its powers
which it has not approved. It's records
show that as early. at least, as the year
1899 there was held a convention of those
favorable 10 an enlargement of its au-
thority and that the commission there
upon took steps to cooperate with those
DESTROYS of securing legislation for that
purpose by publicly circulating informa-
ton calculated to create popular senti-
ment in its favor"
Discussion of Matchmaking.
The report discusses the subject of
maximum rates by direct enactment. the
delegation Of power to make rates, and
the broad subject of court review. As to |
the latter the position is taken that there
should be a full opportunity for judicial |
examination of every order of a commits |
sion or law of Congress, and II is not
difficult to see where the strongest sup
port for the compromise adopted in the /
Senate on this perplexing phase of the 1
bill lay at the time, and the passages of /
the report devoted to that are essentially |
historical of the Influences then at r-nri, |