River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1905-05-18
MINORITY HAS BILL
NEW RATE MEASURE BROUGHT
TO STATE SENATE.
LIVELY FIGHT is PROMISED
Contention in Upper House Relates to
Manner of Selection of Commits
sion-Committee Wants
Appointive Body.

Willard Garrison, Staff Correspondent
Madison, Wis, May 15.--There are
now two measures on the rate regula.
ton problem before the legislature
and the same difficulty is facing the
solons which has disturbed their peace
of mind often before. The committee
bill, passed by majority in that and
the minority measure, introduced by
the dissatisfied ones. Both bills are
alike, except that the committee bill
provides for an app0ntive committee,
and the minority measure takes an
opposite view of the situation.
Minority Has a Bill.
In the manner of selecting the COM
mission lies the difficulty, and in con-
sequence of their opposition to the APP
pointive commission as set forth in
the committee measure, the minority
members of the senate have intro
duced bill providing for an elective
body. The measure expresses the
views of the democrats and a number
of those dissenting from the original
plan. The bill, as introduced pro-
vides for an elective commission of
three members, the general qualifica-
lions and restrictions being the same
as provided for in the committee bill.
The bill adopts the refund plan to
shippers using the carriers rate, pro-
viding for repayment of the differ
ence in charges. 1t further provides
that an appeal shall act as a stay in
the operation of any commission or
der.
Where the Conflict Lies.
The whole fight RACES around the
manner of selecting the commission.
If this could be satisfactorily settled
the rate bill would be assured as a
law. Prominent administration men,
such as Hatten and McGilvray, are on
record as favoring an appointive body,
while Merton and North fight for the
minority contention, that of an cleo
tive commission. Senator Hatten has
expressed his belief that all objections
may be overcome and the appointive
feature accepted.
Assembly to Drop Measure.
IL 1uuSL NC IGIubIuUeT6U ILdC the as
sembly rate commission bill passed by
that body some time ago is still before
the senate. This measure, however,
the house has gracefully promised to
withdraw and accept the committee
substitute bill. This action was taken
as result of a conference between
the administration members of both
houses.
State Rate Law Constitutional.
There has been some question in the
minds of several legislators as to the
legality of the state rate law, but At
torney General Moody of the United
States has set at rest all fears regard
ing the. constitutionality of such an
enactment, passed by a state legisla-
ture. The following paragraph, culled
from his opinion is in direct line with
the conditions in this state:
Legislatures obviously, however,
can deal with such questions only in
the most general way. But the courts
have held, that, where the legislature
has enacted that railway rates shall be
impartial and reasonable, the duty of
executing this law and determining
the rates for the future in detail in
conformity with it, may be conferred
constitutionally upon an administra-
tive body. and that grant of such
power is not a delegation of the legis-
lative authority