New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-12
RATE ISSUE IN SENATE.
TTLLM4N Starts DEBATE.
Position of Opponents of Presidents
Plan Outlined by Dir. Foraker.
Irrorn ~ rribune Bureau. ]

IFrom The Tribune Bureau
Washington. Dec. 1L-Discussion OF the ran,
road rate problem in the Senate was preclpIla'eu
to-day in an unexpected manner, and CONSIDER
ably to the regret of the leaders, who hao nope"
to postpone discussion of the question on 'he
floor of the Senate until the Committee on inter
state Commerce had had time to devise and re-
Do-+ = measure in accordance with the Presl-
. DENTS recommendation. The debate started as
the result of some remarks made by Senator
Tillrnan in explanation Of the rate bill he INTRO
duced This measure, which is extremely SIM
ME provides that Congress shall delegate to the
Interstate Commerce Commission power on
complaint and after due investigation to de-
clare a reasonable maximum rate between given
points, such rate to go into effect within thirty
DAYS af1er- the decision of the commission.
Mr. Tilimans remarks immediately brought
Senator Foraker to his feet, and led TO the lat
tiers outlining the position of the opposition.
He made it clear that those opposed to giving
such authority to the commission will maintain
that Congress has no power TO delegate such
authority to any administrative commission, and
that they will insist that the popular complaint
IS not that rates are unreasonably high, but
against rebates and other forms of discrimina-
ton.
while IL is appreciated that railroad rate dis
ssaIssion on the floor Of the Senate viii be long
seEred for while. at least, and regret is eX-
pressed. even by those who hope for and are
confident that satisfactory legislation will be the
outcome. that the line should have been sharply
drawn so early In the session. The decided
stand taken by Senator Foraker on the one
hand and by Senators Knox and Bailey the
other will it is feared. make ii more than ever
difficult to reconcile the contending forces
whereas the devising of a compromise measure
~ ~, As-T
principles Of the Presidents policy and the paw
ing Of the way for its passage through the Sem
ate could have been accomplished behind the
CLOSED doors Of committee rooms. and in those
.zrfyste conferences in which Senators may yield
60 the views Of their opponents with less re-
.strsint than is possible on the floor OF the Sem
ate The Democrats were delighted that they
had succeeded in pitting Republican Senators
against each other. and it is obvious that they
viii lose no opportunity to promote the differ
.ences Of opinion on the Republican side OF the
chamber.
Mr. Tilinlan's bill was referred to the Commit
tee on Interstate Commerce
MR.. FORAKER STATES HIS ATTITUDE.
Mr.. Foraker said he believed the bill the best
.sret offered If the government is TO go into the
rate making business at all. as ii would do the
least possible harm. ''In saying that, however, .
he added, 'I minimize the necessity Of any legis-
lation Of that character, because the bill is di-
rected solely at excessive rates. Mr. Foraker
took the position that Mr.. Tillnan's bill recog-
nizes the fact that the present laws are sufti-
Gent TO reach rebates and everything but dis
eliminating charges,
It had supposed that the law sufficient to
reach rebates and similar alleged evils said
Mr. TillInan, but since the investigation of re-
hates begun by Mr. Judson and Mr.. Harmon at
= the insttgation Of the Executive came to such
= miserable and pitiable fasco I am getting
rather shaky as to the sufficiency OF that law.
II certainly VIII prove failure until the Presi-
dent stops protecting Cabinet officers and white
washing them, and until he does that there
never viii be anything accomplished under the
law
i viii not be diverted by reference TO a sim
gle transaction In which the Senator from South
Carolina thinks the President fell short of his
duty. If any one fell short there, the law GER
tainly cannot be blamed" answered Mr. For
aker. 81 am not going to vote for Mr.. TILL
mans bill. I have only been throwing him a
few bouquets"
He said he had a bin Of his own which he
would explain within a few DAYS and could
convince any unbiased mind Of the wisdom of
his measure. He declared that the Tfllman
bin and many others offered were unconstitu-
fional because Congress had no right to dele
gate to a commission the right to regulate rail-
road rates
'Then the Supreme Court is wrong on that
5oint7" asked Mr.. TiIlnan.
Mr.. Foraker declared that the Supreme Court
had never expressed itself on this point. He
asserted that authorization of the Interstate
Commerce Commission to tx rates amounts to
giving 1t legislative functions
Replying to questi0:.s from Mr.. Bailey and
s1r. Clay Mr.. Foraker repeated his statement
as his unqualified conviction. and said many
prominent lawyers were of the same opinion.
Nr. Culberson referred to certain grants to
subsidized roads in which Congress declared
that only reasonable rates should be charged
and said that If Congress could delegate to
railroads the power to fix rates it should have
power to delegate the same power to the com
EMISSION
Mr.. Foraker declared the roads. though pub
he utilities, were privately owned, and they