The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-02-15
Now Certain it viii Not
Pass the Senate at \. B.
n. This Session. ffsssE
FORAKER CABLING ls.
FOR INFORMATION ONS
Declares He Will Not Report
the Bill @ Until Until :[t. He i Knows s, YEN
What II Means and What si
He Is d Commit
tee Adjour1s Until
Friday. Is555 Hss.Ij

(From Our Regular Correspondent Ss&
WASHINGTON. D. q. Fab,s u %---'4 The 3
rate bill could not possibly pass at this
session. said Senator ~ ms, ch airmants
Of the Committee On Commerce. today IN
& II do not propose to 90 on the Aoor 4of Es
the Senate with It and be beaten tho NJ
latter remark indicating N that he was ss5g3
opposed to reporting the bill before the
end Of the present Congress. Ia M fS3
We llavo only begun to Investigate US
the subject" pplemented Senator Mo-
Laurln. who was standing near. immes2s5jy
dlately after the session OF the Commit
tee Of Commerce his mo- ming. 81, ssAs88
n IT. IS absurd IT, talk about egtslAti
onSthe subject at TIL Is scgslo q s5
Those remarks should ef ffectually is-i&
pose Of all speculation as to the course
which the committee will pursue towards
tho rate gblll.G .G Tho session o OF the oOnl-sE$
mittee this morning WAS by FAR the most
interesting yet held III to q consider the
rate regulation measure, and was full
OF Interesting features and incld den Is At
one point udgo Dayenp port. repr asent ting
the Association for the Mairltennn hoe y off,
the Rights Of Property, grew eloq ss'3
ss Demo oCrats n Leaped In
hen Phaeton, that 8arnbi tlous n 10y. sS
whose fair cf eeks were man tied swi thu thsSs
rich, red blood OF youthf, III OK ,lbs ranca;
undertook, with hSunaccust onled hand 81 70 S5a
guide the fiery chariot 10 the sun god
and thereby nearly Sdey eyastated the eartll,sS
he rod 9 alone, but on tt,e railroad rate
question, the Demo ocrats 8 have sleaped into
tho President'sS carria sc. 81 81 said & Dan ielas
davenport. oS$tlie Senate Commit te6 on
Interstate Commerce to-day III gss.S ssa$
s58.I beg Isl our rd 81, courte nter-
|srtpted W SENATOR G,Ir1Ifac # Ire hot
riding In the n res den rs N car hnt tsS
Ehe@junped Into ours. I, M
9s5 nyway y added Senator Kean, 8Df8 ~ NeWl#
Jersey, che certainly jum ped out Mn
Judge Davenport J RI wi o II represents mn
nssociation Of owners Of raj llroad secnriSsSSHj
ties, had spent the morning nsWering ~
questions by Senators Foster, Carnlacks5 Va
Foraker and others. when, toward the
close, Senator Cullom, formerly y chairman;
OF the committee entered. ~ few minutes S
later, while Mr.. Dayenpo rtS wa 9 res spo
Ing 10 a running fire Of tons on the
Interesting and important con It'll tiotlll ~
points he had presented 81 Senator Illk kinsSS
called attentlon8to the fact that the hour;
for adj djournment had nrrlv lved. ID and n e skedss
the witness how long n t would Hta ke him
to complete his statement. S fs SaS
Long Time Needed.
prherc & arc SO many important and
vital points to be discussed 3 he said ,as4sF
would tnlSo about an hour. + frets from $s
questioning. to give my views .ts'' he
*; s $ a jS NJ 5s
Mr. Chairman interrupted ssS r$$#4
C,lllon,E I'VE can discuss this s.s
until dog days al we sund dertake ~ 81
everybody; what 7 want is ton
commit a IA III 2
senator Eoraker, ~ ho had been an ter }
sested questioner,f resp onded he re-
marks Of Judge Davenport have been very
interesting, and while 7 do sWl1
some Of his contentious. II do wit thg otners.3S
The committee has asked him many ques-ss
3tions, as is tho custom. and his answers
Finyo cast considerable light on the SUBJ
ject," Il 4 5 y!.sSS n #E5S
II am not complaining Of the witness y ,''3sE sE
said Senator Cullom, emph atlcal ". d, ,ppuu Due
In view OF tho shortness Of the session Nh
IL we are going to report and pas any 5ssSS
legislation, we ought to be at IT. = this sa
bill Is right it should pass "a & Wroil 81 Isl
should he corrected and passed. M
Senator Eklns hero attempted to &pour.S3 81
oil on the troubled waters by yinterje ting. &
'That is n question that should be dis
cusscd In executive sesslon-it5 is an eyccu-8
tive session matter. 55 q 8s Isl Ms Ri lssYY nj s
Adjourned Until Friday.
"I'yc no objection to discussing It lin #
open session. right u oW, was Senator is93a
lEoraker's reply to this suggestlo on. I. . For VI
one don't propose to vote TO port ts2 Y ~
bill until ! know what 1t II means, ana
what am doing" 5s q Il ~ 38 4. s.s1S
4 Then the committee went Into eXccu-
tive session and adjourned until Friday.
Judge Davenport is to conclude; the pri- IA
yate car lines are waiting to be heard, S
and Senator. Elklns stated he had n dozen s#z
applications from railroad officials 70 VI
be heard, so that the bill is undoubtedly 8
dead for this session. fs 81 VI 8 5{{
Ss During tho hearing this morning, Sena-3
tor Carlnack wanted Judge Davenport Ito S
express hls opinion on ono particular
point--whether Congress could delegate %
is legislative functions to u commission }
appointed by the President. and not sc-3se
lected by Congress. Mr. Davenport had &
said there was no doubt the power could "a
be delegated to n commission, but Sem
ator Carmack wanted light on whether
such u commission could ho appointed
by the President 10 exercise lesisla i've
power. This interesting point VIII ibe ~
taken up at the next hearing. JudgG,5
held to-day that Congress
could not confer upon the commission n 5
mowers not subject 70 review ny the Or 59RR
dinary courts Of equity for property rights 2
tlons, and he further maintained actions
could be brought by thr owners of ihs
affected IN the state courts
Cannot Confer Powers,
'.You can't confer judicial power npoils
a commission or legislative power on y M M
court, = ne said. and insisted thai as fix #
ing tho rate Was a Legislative fun ctinn. 8
Congress could not compel the courts ~ ls
do more than pass ulon 4 ha reasotiil bla-sss
ness OF m established rate ne tNrthsrT 9T
Siilat no linlltation Could y no
nIared on iiie right OF the Cnlirts 10 fsv ss%
view the actions OF the colnrtiss sss'pil, pllL IA
they could and would take eos'llzEanss ~ ~ "