Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-05-25

Copyright by Clnedinst.l
With argumentative shot and shell Sem
ator La Toilette of Wisconsin today on
the floor of the Senate fired a broadside
into the administration railroad bill.
The Wisconsin senator found only four
provisions in the bill of value to the gen.
eral public; he found nine which he de-
clared are of value to the railroads. or
the four in the interests of the public all
remain in the bill at present; of the nine
which he believes are in the interests OF
the railroads all but one or two have
been modified in important particulars OF
dropped entirely from the measure.
MI. La Toilette contended that freight
rates are too high and that the pending
bill provides no measure by which the
commission can determine the reason
abeness of any rate. Citing the many in
creases Of rates on freight during the last
few years. he declared that there is no
warrant for any increase. bat, on the con-
trary, THE established and accepted eco
nomic laws controlling the transportation
cost demonstrate that the public was en-
titled to gradual reduction
Schemes for Stock Issues.
Under the capitalization sections of the
bill he asserted that six schemes for stock
issues at the option of the railroads are
legalized. land watering is permitted IN
nearly every case
Mr.. La Toilette found significance in the
fact, as stated by him, that one section
Of the bill was originally drafted in even
more drastic form than is now urged by
the insurgents. and was weakened so
as not to satisfy them after the visit Of
the railroad presidents to Washington.
The four provisions of value to the gem
eral public found by Senator La Toilette
in the bill are:
Authorizing the commission to control
classification and to issue orders based
upon Investigations made on their own
initiative.
Authorizing the commission to establish
through rates and authorizing the ship
per to route his own shipment
Providing penalties for incorrect state
ment Of rates by railroad company.
Authorizing the commission to suspend
proposed new rate for four months.
Benefit to Railroads.
Continuing. Mr.. La Toilette said:
What provisions OF value to the rail-
roads did the pending bill contain as pre-
scented to the Senate?
Il. 1t creates a new court of commerce
into which the railroads may go to en-
JON tne ORDERS OF the commission When-
ever they can make IL appear that the
rates fixed by the commission are con-
fiscatOry. 1t withhOlds from the shipper
an equal right to go into this new court
and enjoin the railroad when ii imposes
q rate so high as to be confiscatory and
the taking of property without compen-
satiOn.
-. 1t attempted to create in the
commerce court the broad power to
review and set aside the findings of the
commission upon grounds other than
those involving jurisdiction and con-
stitutiOnal questions. which power the
Supreme court has held does not exist
under the present law. (Attack on this
provision has forced amendment pro-
viding that the proposed law shall not
be construed as charging the jurisdic-
ton now possessed by the courts to re-
view and set aside orders of the COM
80 The bill provided that a Judge Of
the court OF commerce. upon an ex
parte showing. and without any notice
whatever to the commission. could is
sue temporary Injunction restraining
the enforcement of the commissions
order reducing rates. Criticism OF this
provision OF the bill forced the chair
man of the committee tMr. ElkinsD to
present an amendment requiring five
days notice to the comm issiOn and an
opportunity for hearing before a tenn
porary restraining order should issue
In any case, as provided under existing
law
Provides for No Appeal.
II. The bill provided for no appeal
from an interlocutory order or decree by
the court of commerce, granting or con-
tinuing an Injunction restraining the en-
forcement of orders of the interstate
commerce commission.
"(Attack on this provision compelled the
adoption of an amendment which will
permit appeals to the Supreme Court
from such interlocutory orders by the
court OF commerce.
20 The bill expressly denied the in
terstate commerce commission any right
to appear in the court or commerce or
the Supreme Court by its attorneys and
defend its orders. right which 1T has al
ways exercised under existing law
adverse criticism and exposure of this
attempt to weaken the law resulted IN the
adoption of an amendment making The
partial concession of allowing the COM |
mission to appear by counsel under such |
rules as the court may Drescfloe-Dut
from the commission control
Of the suit proceeding on such appea1D |
IS The bill denied shippers. communi- |
ties associations. corporations, firms and
individuals interested i'm defending the or
iers of the commission made In their be- |
half any right to appear on appear and
lid in sustaining the orders involving their
interests.
OnabIe to meet the assault upon this
provision, the committee yielded TO the
,xtent of accepting an amendment allow
ng such interested parties TO intervene
md prosecute or defend such action or
to sustain the order OF the
~ The bill substituted the United
States for the interstate commerce COM
mission AS the party in interest on al