St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1914-07-29

winch Congress might constitution
ally confer upon the Commission the
powers which would enable it to
do the work which everybody
agreed ought in some form to be
done. The matter was long under
consideration by members of the
committee on interstate commerce.
both in House and Senate and the
act of 1903, known as the Elkins
law, was the result.
What the EIkins Law Did.
1t will be remembered that the Ell
kins act, sO-called, strengthened the
then existing laws by making COM
mon carriers liable for violations of
the regulations imposed by the In
terstate Commerce law and laid
heavv penalties upon them for fail
ure to file public tariffs. This law,
also, made it a misdemeanor, pun
ishabIe by heavy penalties, to grant
or receive rebates, concession or dis
ordinations, and under its provi-
sions authority was given to equity
courts to enforce the tariffs, prohibit
determinations and generally to car
~ the law into effect. 1t also pro-
vided for compulsory attendance of
witnesses, and in order that nothing
should hinder its operation it gave
precedence in the courts to all cases
prosecuted under the direction of
the Attorney General in the name of
the Interstate Commerce Commits
sion. This afforded me my first OPP
pOrtunity after entering the Senate
to study this character of legisla-
ton, and I heartily favored this bill
which became a law February 10,
1903.
Roosevelt Was Cautious.
A little later the question of CIV
ing the Interstate Commerce Com
mission still greater power was agi-
tated, but the question was one of
such tremendous Importance and the
method to be adopted in so doing
was one of such great difficulty that
it commanded the attention of the
best constitutional lawyers in the
Senate.
December 6, 1904 President
Roosevelt referred to the subject in
his message to Congress, saying:
''As the law stands the COM
mission simply possess the
bare power to denounce a par
ticular rate as unreasonable.
While l am of the opinion that
at present it would be undesir-
able, if it were not impractic-
able. finally to clothe the COM
mission with general authority
to fix railroad rates, l do be-
lieve that, as a fair security to
shippers. the commission
should be invested with the
power, where a given rate has
been challenged, and after full
hearing found to be unreason-
able, to decide, subject to judi
VII
reasonable rate to take its
place; the ruling of the commits
sion to take effect Immediately,
and to obtain unless and until
it is reversed by the court of
review"
Congress took the subject under |
consideration, facts were gathered |
and gradually the form which such |
legislation should take was develop |
ed, and in his message to Congress, |
December 5, 1905, President Roose- |
welt again called attention to the /
matter, saying:
GAS I said in my message of
December 6, last, the immedi-
ate and most pressing need, so
far as legislation is concerned,
is the enactment into law of
some scheme to secure to the
agents of the government such
supervision and regulation of
the rates charged by the rail-
roads of the country engaged
in Interstate traffic as small
summarily and effectively pre-
vent imposition of unjust or I'M
reasonable rates. 1t must in
clude putting a complete stop
to rebates in every shape and
form. This power to regulate
rates. like all similar powers
over the business world, should
be exercised with moderation,
caution, and self restraint; but
it should exist, so that it can be
effectively exercised when the
need arises.
1.-THE first consideration to
be kept in mind is that the pow
er should be affirmative and
should be given to some admin
istrative body created by Con-
gress. If given to the present
interstate commerce commits
sion such commission should be
made unequivocally administra-
tive
Passed the Hepburn Bill.
Two months later, February 8,
1906, the Hepburn bill, sO-called,
passed the House of Representatives
and was sent to the Senate.
This law for the first time empow-
ered and made it the duty of the
Interstate Commerce Commission
after full hearing, upon
the complaint of an aggrieved party,
it should be of the opinion that rates
demanded, received, or collected by