The news & observer., 1905-12-12
MITCHELL 'SDEATH
PASSED UNNOTED
TiIIman's Bill BEST Yet
Offered"
GOT AT THE KERNEL
1t Provides for Regulation of Inter
State Commerce by Giving the
Commission Power TO Fix a
maximum Reasonable Rate"
Interesting a Hours Session.
-(Bv the Associated Press.l }

Washington, Dec. 11.-With spirited
debates on the. subjetcs of railroad
rate legislation. arising through the
introduction of a bill by Mr.. Tillman
To authorize the Interstate Commerce
Commission to fix maximum rates,
and the Panama Canal due to a. con-
troversy over the reference of the en-
ergency appropriation bill to COM
mittee, todayS session Of the Senate
continuously proved interesting for
more than four hours. An adjourn
ment was taken without O. mention OF
the late Senator Mitchell, of Oregon,
and so far the first time the death
of member was permitted to pass
unnoted by the Senate.
After more than a score of Senators
had discussed the Panama Canal bill
it was referred to the appropriation
committee by a vote of forty to twen-
ty-three.
Mr.. Tillmans bill provides for the
amendment of bill to regulate inter-
state commerce by giving to the in
terstate commerce commission the
power to fix a maximum reasonable
rate when it determins than the eX-
listing rate is unjust or unreasonable.
1t provides that after the commission
fixes such a maximum rate it shall be
the only legal rate that may be charg-
ed. Mr.. Tillman had the bill read
and said he thought it "got at the kerr
mel of the whole controversy now be-
fore Congress-" The bill was referred
10 the committee on interstate COM
merce.
MIR. Foraker said that he believed
the bill is the best yet offered if the
government is to go into the rate MAX
ing business at all for the reason that
il would do the least possible harm.
"In saying that. however" said the
Senator. II minimize the necessity of
any legislation of that character be-
cause the bill is directed solely at eX-
cessive rates" He said that this is
not what the people are complaining
of so much it is rebate. that rebates
practically has been discontinued and
if they have not that it is agreed that
the present fdw issue is sufficient to
reach this evil. The Senator from
Ohio took the position that Mr. Till
hlan's bills recognize the fact that the
present laws are sufficient to reach
rebates and in fact everything but dis
eliminating charges.
II had supposed that the law wa:
sufficient for that purpose, said Mr.
Tillman, but since the investigation
of rebates begun by Mr.. Judson anC
l.
executive came to such a miserable
and pitfable fiasce, l am getting rathe
shaky as TO the sufficiency of that law
1t certainly will prove failure unit
the President stops protecting Cabine
officers and while washing them anC
until he does that there never will
be anything accomplished under thu
law"
Mr.. Foraker declared that the Till
~,t1 off Il
unconstitutional for the reason tina
Congress had no right to delegate u
a commission the right to regulate
railroad rates.
"Then the Supreme Court is wront
on that point?" asked Mr.. Tillman.
Mr.. Foraker declared that the Su
preme Court had never expressed it
self on this point in any of its decis
ions.
Mr.. Bailey and Mr.. Clay asked
MIR. Foraker a number of questions OF
this point and Mr. Foraker repeate;
his statement.
After some further discussion oi
the legal question by Messrs. Culber
son. Knox and Foraker Mr.. Tillmal
referred to the discussion he had pro
voked
with malice aforethought, said
Mr.. Spooner well" answered Mr.
Tillman Il like to set you lawyer
by the ears and then watch you pul
each others WOOL which ended a de
bate lasting an hour and a half.
The Panama Canal bill was the1
laid before the Senate and the ques
tion of reference to the appropriation
or canal committees was debated.
In answering a question by Mr.
Bacon (Ga.), as to whether the ap
preparation claimed jurisdiction onl,
over deficiency Appropriation for thu
canal or over all future appropria
tions. Mr.. Allison said he woulC
frankly state that the sundry civil ap
preparation bill should. in the future
carry the regular canal appropriation:
unless the rules should be amended
1T is good old Anglo Saxon stealing
and not graft" asserted Mr.. Tillman.
''to pay such hign salaries as are paid
to canal officials" He mentioned
particularly the salary of $4,000 to
the auditor.
Mr.. Allison declared that all these
salaries should be fixed by statute
II hope the Senator will use his
great influence 10 see that this is
done" rejoined Mr.. Tillman.
There should he legislation and the
the steals stopped. even if the Presi-
dent has loaned the prestige of hts
great name to the existing of affairs
The difficulty of legislating in re-
gard to salaries unless the offices fol
which the salaries are paid are desig-
mated by the law was discussed by Mr
Bacon. He said he did not see how
Congress can fix the amount of sal