The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-01-12
LA TOILETTE ATTACKS
RAIL RATE INCREASE
Senate Resolution Against Com
merce Commissions Action
Has Little Chance.
HALL CASE WILL COME Up

WAsHINGToN, Jan. ll.-Senator La Fol
lette made his long expected attack to-
day on the recent order Of the Interstate
Commerce Commission granting an in
crease in freight rates to railroads in the
so-called per cent case. He introduced
a resolution recltng that the commlsso
had exceeded its powers in granting the
Increases for the reasons stated
The resolution will lie on the table to
be called up later for speech By the
Senator. One result will be a public dis
cusson in the Senate of the fitness of
commissioner Hall to continue to MI the
ONCE for which the PresIdcn; renuminatcd
him.
Mr.. Halls nomination was reported 10
the Senate to-day from the Committee
on Interstate Commerce, where It had
been held up for some time Senators La
roulette Cummins and Clapp. Progress
siVe Republicans, voted In the negative
on motion TO report favorably. The
complaint OF the Senators opposed to
confirmation was made at the time OF the
fight on Prof. Daniels OF New Jersey, the
Presidents personal appointment 10 the
commission.
Mr., La Toilette insists that the com
mission was not authorized by law 10
take into consideration, in passing upon
the right OF the railroads to raise rates,
the fact that they were losing money
In their business. the European war or
the many other things cited He believes
that all the commission can do under the
authority given II by Congress is TO in
quire into the reasonableness OF the COM
pensation for CARRYING
The In Toilette resolution will not
pass. In the opinion of most Of the Sena-
tors whose opinions were sought to-day
but II will stir
add TO tmbarrassments now attending the
Presidents legislative programme
The La Toilette resolution, after n long
preamble, provides that ''it shall be un.
lawful for any company or carrier en-
gagged In Interstate commerce In Official
assifcation territory TO demand col
lect or receive any of the increases"
There Is, however. this provision:
provided that any common carrier
or carriers in official classification territory
desiring 10 advance or discontinue any
such rate or rates may file with the com
mission any schedule or schedules stating
a new individual or joint rate or rates,
and thereupon the commission shall have,
and II In hereby given, authority either
upon complaint or upon Its own Initiative
without complaint, at once aud II IL so
orders without answer or other formal
pleading by tho interested carrier or car
riers, or upon reasonable notice, enter
upon hearing concerning tho propriety
Of such rate or rates and after full hear
Ing if tho commission shall be Of the opin-
ion that amy existing rate or rates are
unjust or unreasonable. or otherwise
In violation of any OF the provisions of tho
act TO regulate commerce az amended, and
after full hearing concerning the pro-
prlety OF such proposed new Individual or
Joint rate or rates, tho commission Is
hereby authorized and empowered to de-
lermine and prescribe what will be the
Just and reasonable individual or Joint
rate or rates 20 be thereafter observed
rs the maximum 10 be charged in said
official classification territory; and pro-
'ded further that upon such hea ring to
Increase said existing rate or rates the
burden OF proof to show that the Increased
cate or proposed increased rates is lust
and reasonable shall be upon the com
non carrier or carriers In official CLASH /
ication territory" f's