Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-11-28
Senate Committee Discussing
the Foraker Bill.
VIEWS PRO AND CON
COURT OPPOSED TO A COMMITS
SION.
What Advocates Of Each Have to Say
in Favor Of Their Remedy-Ses-
sion This Afternoon.

The Senate committee on interstate Com
merce again came together this afternoon
at 2 o'clock. when it was hoped that fur
Their discussion of various propositions for
the regulation of railroads would shed
more light on that subject so far as indi-
eating the kind of bill that will receive
the support of the committee.
The last meeting of the committee was
held Saturday, when Senator Cullom had
Indicated his desire to question Senator
Foraker regarding the measure that had
been laid before the committee by the Ohio
senator. The Illness of Mr.. Culiom pre-
vented his attendance the meeting to-
day, and he has gone to Atlantic City to re-
cuperate in time for the meeting or Con-
greSS.
When the committee met today 1t was
expected that his bill would receive large
amount Of attention from other members or
the committee, who wished to ask questions
about 1t after they had examined 1t and had
the advantage of reading comments on 1t
from all parts of the country.
The Current Arguments.
One of the features of Senator Foraker's
bill is that 1t throws upon the courts of the
country the duty OF determining the aues-
tons in respect to rates that arise between
the railroads and shippers. 1t Is declared
by the advocates of this plan that IL allows
such questions to be determined where all
parties can be guaranteed equal Justice.
They insist that any special commission
clothed with power to determine such mat
tiers will be likely to be made ones-sided
body.
Such commission. II clothed with legis-
lative powers, would have Wilderness OF
latitude in the determination of all mat
tiers coming before 1t that Is claimed would
not be likely to produce results as Just to
all parties as those they would get from the
courts.
1t Is asserted that no one could ever tell
where such a commission stands on the
questions that 1t would be called upon TO
determine Being clothed with legislative
powers it could take into consideration
questions of public policy or, more
broadly stated as 1t has been, theories of
social progress, and in that case 1t Is said
1t would be restricted only by the constitu-
ton in it's decision.
On the other hand the advocates of the
plan to have these questions determined by
commission declare that the act of fixing
rates and performing the other duties that
are incident to controversies between the
roads and the shippers is of necessity leg
islative and not a judicial act. They de-
clare that acts of that kind, If attempted
by judicial body, would soon be nullified
by an adverse ruling Of the Supreme Court
of the United States.
The advocates of the commission assert
that the powers of the commission could
be limited and regulated In such a way as
to avoid any undesirable consequences
View in the. Senate.
There Is great desire on the part of
many representa- tives and senators to have
the Presidents plan for rate legislation
made plain before the country.
There are in Congress many advocates OF
both these plans for the regulation of ra ties,
although the most of the senators in the
majority favor-t the reference of these cases
to the courts and not to a commission for
determination. t-s .r...-
Senator Forakers bill has many advo-
Gates In the Senate, and in the opinion of
many senat it will be the basis for the
bill that will be reported from the commit
tee on interstate commerce.
1t was not offered as perfect measure,
as Mr., Foraker understood that any bill
would have to be modified to meet the
views of other senator's