Show ELKINS VIEWS UN ON THE MESSAGE 1 loosevelt Not Rampant on th Rail Railway way vay Rate Rat Question SHOULD BE EASY EPSY COURTS CURTS WILL VILL HAVE LAST If kY I ir ANY EVENT Dee Dec Senator h n ut of the Oft on t after reading the n toda made ide following state lata neat nt ad rate 4 NI I It the doss does tot dire t Vest t In the arbi rry and aad uncontrolled power r to fix te bU bs repeatedly stated the tile the tu In fixing a rate should C O subject to review by the th courts and at h ho railway should te be legal protection Any In Ih Ihu u That being the ease case a law Jaw gt Ul n to th pOV r to fix should not be drawn In such mannet a ao 5 o to the commission lve In fixing rates ratu Only If Unreasonable HIt It should bould give to the to change an ay rate only it the tIn litin tate rate be unreasonable or otherwiSe In vIolation ot of the interstate tot and it should 6 to the commission power to chau e a rate that l is unreason able abI or 01 only to Ute the that such lUch change may be ary aryn n order to remove the unreasonableness Dr r other mamy ot of the rt In other words vord It only gIve to the Illon power t to reduce a rate to the mum that would be reasonable and law ad If impose by bv th railway 1 A statute cnn be to di df f Ct uti result It if those woo advocate vesting tn In the Interstate commerce corn I n the power to fix rates rateR are In goo good t Ith seekIng to carry out the policy of I Lbs he they should bo be to A statute giving to the tle commission i io o to fix rates rate substantially 11 lit the tol ci terms Elkins Idea vor any rate fare ox or char charge e fixed by b eny COmmon carrier or any erv ts ho be or unjustly din dis or ol otherwise in violation or oC n 17 provision of the act approved Feb c 4 17 en entitled tf tied Au act to regulate rotH COnt moros merc or 01 Any act amendatory thereof be h Interstate C commerce commission shall have hae power Ower after the facts Sen hearing the parties affected to milk rn In to modi modify y the rate tare fare or charge chargo o 0 far as may be necessary in order rd to remove the i unjust die or other Illegality and order haIl take effect at the tho ox ex expiration of such time as the commission hali prescribe rot not less than duye after publication thereof Courts to Be Called in inA A party affected by J such luch order shan s b to institute a proceeding to rew re tew inch order It in the circuit court of the States tor or Im district through which the line of the carrier ma may run RIM it if the court in such uch shall find that the rate fixed b by l such ucb carrier wa not unreasonable unjustly or otherwise unlawful it shall han Il a setting aside such order hut Jt if the court shall find that such or dM modified the rate rale are or cha charge 8 tl fd hy by the carrier more mOore or Ie less than th was necessary ary to remove the the unjust t dl or lither of uch rate fare or 01 harge then the court murt h liv Us Its decree may and correct such order accord Senator Elkin said be would favor such sucha a measure fur a as he had outlined and he It meant a of the problem that had kad been the country for tor tora fora a left time This Thi is the first Indication t has halil been given riven by bv SenAtor Elkins as asto to 10 the railroad h he would sup It |