The Montgomery advertiser., 1905-02-06
RICHARDSON EXPLAINS
TALExs or nEG.DA.ATEoN or RAIL-
 WAX RATES.
AAmhaapn Cepgressman Thrpws Inter- egttmg Ga@ht on Statns of Ques- tAen and Resiften Which is
 TMiEem by the Denaccrats,

| Representatives, may fairly be thus stated In It's present status, the Eseh- Townsend bill, the measure of the majority membere of the Interstate and Foreign Commerce Committee on the House. If has been agreed and win | pc reported to the House on Tuesday next. along with a rule to allow one substitute to be offered, and without amendment the previous question to be called at { o'clock Wednesday after l noon. The substitute contemplated Is the Davey bill. which is the measure representing the views of the Demo- cratic minority of the committee. The debate on behalf of the majority of the commtttee will be led and be in con- trol of Representative Charles E Townsend of Michigan, while that on 1 the Democratic side will be Likewise handled by Representative William Richardson of Alabama. Judge RAch- ardson said today of the situatien:
 We object to the majority bill chief I " because it favoFs an appeal on the legislative act of the Interstate Com merce Commission to a Federal Court. which has no control or supervision over legislative act. A court has the right to revise the act of the commits | sion in fixing q rate for a railroad f the court acts outside of the law giving authority to declare a rate, or when I the commission fixes such arrears as would prevent flair profit to the rasi- I road upon It's investment. improve ments, etc.; or, in other words if the I rate fixed by tke commission Is confis- catory. Such is the only Jurisdiction an appellate court has over a legisla- tive act, We object to the bill of the I majority because it falls short of the accommodations of the President In his last annual message. We object also because the bill creates an un- necessary and useless extra court, ti'e court of transpoFtation,' exclusively to | look after railway matters. This pol | icy is antagonigtic, as believe, to our theory of government, and runs coun- | ter to our well-established judicial system. The creation of this eKtraor- l dinAry court simply multiplies opportu- nities for delay. It Is bill which ad- mits of case being taken up in the commission to be tried de novo. By 1 injunctions and restraining orders, the rate declared by the commission can be suppressed and held in abeyance. | These are but few of the defcieneies of the majority bilI. Our hill. the Davey bill, has every leading feature of the Cooper -Quarles bill, which has very generally been discussed. Tn" | substitute gives the Interstate Com ! meres Commission the right to declare | a rate as a substitute for a rate which has been investigated and found to be unjust and unreasonable. The rates so declared by the commission is put into l operation at once and so remains until and unless the proper Federal court upon final Judgment, holds 1t to be iP 1 error.
 1 "The substitute requires that any Federal court taking Jurisdiction shall hear and determine the case upon rec. ord sent up by the Interstate Commerce | Commission. It prohibits the commis- sion from raising any rate fixed by the railway It regulates joint freight rates and classification and provides penalties for any infraction of the law. it makes no provision for the creation of a special court but takes the posi- tion that the railroad interests, like those of agriculture, labor and all others, should be tried and determined by the judiciary as now organized.
 We were not elear,' said Mir. Richardson. in conclusion, ''as to l whether our bill was sufficiently dis tinct in declaring private freight cars, refrigerator cars, etc, as common car riers and subject to the provisions of the act to regulate inteFestate com merce, so I was instructed by our friends of the Interstate Commerce Committee minoriy to prepare sec ton fully covering that subject. The amendment was prepared, and on the floor of the House I asked that we be allowed to that extent to amend our substitute. Such a courtesy Is allow ed, as a matter of course, but unani- nous consent was refused by the objec- tion of Representative ehackelford of Missouri, Democrat, an ardent support CT of the Hearst bill
 "on the following day Mr. Williams, the minority leader, made like mo- ton and objection was made by MT Esch of Wisconsin.
 "The bill of the majority makes no provision for the regulation of private freight cars used on the interstate railway systems. The minority sub enforced without needless and vexa- tious delay, which cannot be possibly said for the bill of the majority.
 Thus spoke Mir. Richardson, repre- | senting the Democrats In the great railway rate fight. Stll it Is quite evident that the Republicans do not in- tend that the views President Roose- welt has expressed in his message shall be carried out. They simply propose to give the Intersate Commerce Com
 mission the power to make rates and then so to cIrcumscribe them and ham per them with rules and regulations as to prevent their efIlcacy. The Repub- licau caucus of Friday clearly indicated such a purpose. It Is we'll understood that there is a strong opposition among the Republicans to railway tariff tin- kering as vigorous as against the re- vision and reduction of customs duties The sooner President Roosevelt under stands this, in the view of those who sympathize with his manifest sincerity. the clearer will be his vision of the situation and it is believed he Is shut ting his eyes to no phase of anything in the complex question.
 There is among the Democrats Of the House no real serious division on the Davey bill. The only sign of op- position comes from the William R. Hearst coterie, which is confined to about eight disseuters. The Republi- cans are far more unhappy about the situation, and if their private express sions amount to anything 1t will lead to such a division as must result in an extra sesion of Congress.
 R, Fl. Watkins.
 SHOT BY MARSHAL.