The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1910-06-09
THE RATE BILL.

THE RATE BILL.
Even though the United States
Senate did not respect the assump
ton of all wisdom by Attorney-Gen-
eral Wickersham. by which he vir-
tually demanded passage Of his rate
bill without amending 1t in any re-
spect. 1t will be generally admitted
that the measure, as 1t passed that
body, was materially improved. One
very dangerous clause. that express
n permitting rate agreements by rail-
roads even though they might be in
violation Of the antitrust act, was
abandoned by the regulars" after
the 'insurgents" had shown by pro-
posed amendments Just what the pro-
vision meant. For example. as that
agreement stood. the present advance
81 freight rates could have been made
andSWickersham would have been
powerless to bring the injunction he
has asked.
Again, the section creating a COM
merce court for the hearing Of APP
lis from the commerce commission.
. twas prepared by the attorney
general, gave no voice whatever eth
~ To- complaining shippers or to the
commission. Thus, q cas- going from
tho eommission to the commerce
court. would pass entirely from the
hands OF all those who had had a
@part II it$and who had made a study
n IT, Now the Senate bill gives per-
nission TO the commission and inter-
sestsd shipperst to intervene in any APP
peal entertained BY the commerce
3eouYl
Al important amendment injected
SA1to the bill by the Insurgents pro-.
Aiaits the making Of . higher rate for
long haul than asshort one, unless
IS % approved ~ the commission.
Senator Crawford, Of South Da-
kota. IS really responsible for q sec
ton OF the Senate bill which has
awakened wide interest. This is the
Sprovision that state laws affecting
railroad rates may not be enjoined
~ federal courts unless three circuit
s1udges concur IN thesorder. a great
s1ealss Sb5itserness a, arisen several
times Ia the lastfew years over the
setion Of federal courts IN restrain
ING state oficials from enforcing
state laws. When legislature has
passed . Law reducing passenger or
freight rates, the railroad companies
Usually hSve hurried to q federal
md held up thela The peo-
~ have felt q good deal Of lndigna-
con over this practice. claiming that
TIE state courts should be conceded
~ths right tosmake the hrst review of
este laws. IN this state both the
two and q MALT cent passenger fare
Nv ana the two cent law. were en-
Joined 81 the federal court. In the
htter case the railroad attorneys
hnrryins to the federal court and the
tate o1fcials Fastening to the state
supreme court. engaged in an undig-
Iilned race. Senator Crawford spoke
tAs popular protest against this sort
II thing ~ proposing an amendment
vhichswaa modified somewhat by
snatoraOyermanand then accepted.
Another clause suggested by Craw-
: would have materially improved
I Senate rate bill. He urged that
stkermeasure include q provision to
IKE the place Of the so-called COM
Iodites clause Of the 1906 rate bill,
vhich the United States supreme
o6urt construed N an important de-
sefeion two years ago.. The original
caxuss attempted to prohibit railroad
,0mpaanies from dealing IN commodi-
- ii which they were Interested,
special purpose being to break up
{ monopoly by the owners Of an
thfipcite coal mines and. OF railroads
/ Pennsylvania. It is impossible for
- Independent coal company to
81 nnapete with one that is owned by a
lroad company, when the inde-
n "a snt company must depend upon
2llsame railroad company to reach