The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-05-07
He Is of the Opinion That the
Court Decisions Compel an
Early Action by Congress
For Regulation.
SENATOR ELKINS is
AN AUTHOR OF JOKES
West Virginia Statesman New
er Intended That the Com
modities Clause Should Get
Into the Bill.
=

Washington, D. c., May AT the
opening of the next session Of congress
President Taft will be called upon to
ask for important legislation amending
two of the well known sections of the
railroad rate law.
He may not go as far as some would
like him to 60 in the way of radical
recommendations, but the decisions of
the courts this year have been such as
to compel some kind Of action by con-
gress in the interest not only of the
shipper but of the railroads themselves.
The Elkins law section forbidding re-
bates probably will have to be remod-
eled in the light of the Standard Oil
decision, and the commodity opinion in
the supreme court has rendered 1T alb
solutely necessary that the whole Sec
ton should be repealed outright OF
strengthened materially.
1t is a curious coincidence-and,o OF
course, it is only a coincidence-that
both of these sections of the law which
have been found defective by the court
were fathered by Stephen B. Elkins OF
West Virginia, chairman Of the SEN
ate committee on interstate commerce
and not generally classed as a warm
friend either Of President Roosevelt or
the general principle OF the regulation
of railroads.
Shows Truth Of Old Adage.
There never was better illustration
of the truth Of the old classical adage
about fearing Greeks even when they
bear gifts than in this case. Senator
Elkins prepared an anti-rebate Law
through which the courts have driven
a horse and wagon. and then he wrote
the commodity paragraph witch nov
has been rendered useless If not alb
surd unless congress strengthens it in
certain important particulars.
President Taft is lawyer above all
things, and he naturally looks at ev
erything from a lawyers point o.
view Undoubtedly he will feel him.
self as much bound by the opinion o.
the supreme court and of the circus
court of appeals as il he were a distric'
Judge himself. Unlike President Roose
welt he is not disposed to question thu
lutCSllNy VI aOiiity Va luC USASh. iA-'
point of view surely will be that con
gress has failed. in effect, but that, i
has the power to make good in the fu
ture, and he almost certainly will rec
ommend Immediate passage of new
legislation to patch up the holes in thu
interstate commerce law.
Power Of Congress- Held Supreme.
1t is a curious fact in both cases. al
though the government was beatel
badly in its original contention tina
the court held the power of congress I.
be supreme. The two paragraphs o
| the same law were held defective an,
not unconstitutional. The responsi
bility. therefore, will rest with cor
gress to correct it's own mistakes. an,
President Taft may be expected :.
make this fact clear.
1 The commodity clause in the rail
road rate law was joke originally.
is notorious fact that it was offere,
by Senator Elkins without any ide
that 1t would be enacted into law I
lis notorious fact that immediatel
after Its introduction the West Virgin
| 10 senator appealed to his colleagu
/ and others to make a point Of orde
/ against it.