The Washington times., 1905-11-26
Enemies of Plan Are Now
Coming Over to Adj
ministration.
DEFEAT FOR FORAKER
Proposition of Ohio Senator
Showed Under by Legal
Lights.

President Roosevelt will not accept the
Foraker proposal or any other comprom-
fse.
The Administration bin is also the In
terstate Commerce Commission bill. and /
the bin OF the Republican and Demo-
cratic advocates Of regulation who con
stitute the committees majority
The railroad managers are ready 10 /
surrender and in fact have practically /
sent their capitulation 10 the President.
The attorney for a great railroad sys-
tenn. on behalf OF his own and other
allied companies. has outlined TO the 1
President measure they will accept, /
and it is in effect the bill that the Presi-
dent demands.
The completeness Of the rout of the /
Observation-Disclosures forces was indicated /
last evening by the statement. on high /
authority, that four New England Sen
ators who have been placed in ali the
lists as opposed 10 the regulation bin /
had sent word TO the White House that l
they we're IN line for the measure. The |
names mentioned in this connection were |
Frye and Hale. of Maine. and Proctor |
and Dillingham;. OF Vermont
Much Progress Made.
Affairs have been moving with giant
strides since the Senate COMMITTEES on |
Interstate Commerce began holding It's /
sessions More speedily than any adNo- /
cate OF the rate regulation could have |
hoped. the opposition has melted away 1
and left The assurance that the Senate |
committee VIII report. the Senate viii i
pass, and the House VIII accept. a bin /
eln5odSing the plan which the President /
advocates.
There is no compromise in sight. The /
President made II pls.n TO his opponents /
that IL was useless 10 discuss anything i
OF the kind. for he would not consent
TO Ii. His hackers in the committee /
were equally insistent On this point
In this situation the opponents OF /
legislation made their last stand for the /
proposal of Senator Foraker. outlined by |
him some weeks ago during the Ohio |
campaign The Senator presented II in |
detail 10 the committee, and soon as
x was submitted after the committees |
session. 10 the President. It was re-
jected absolutely. The President made !
plain that he did not consider il even a
basis from which 1t would be possible 10 /
work toward agreement
Forsker's Unique Plan.
Senator Foraler's proposal was skill /
fully drawn and fully exploited in The |
hope that II might stem the tue mat
was running toward the President /
There is no doubt. too. that the skin OF |
us preparation ana presentation AAiliccu
for a time TO give some concern 10 the /
supporters Of the advanced legislation
program. Then. as the proposal was
carefully studied and analysed Il was
discovered that fl would have granted
nothing essential in the direction of re-
forming rate abuses. Indeed. one eX-
pert in the subject of rate regulation
and the proposed legislation declared
that II the Foraker bill were passed
3
and II IL should not be declared uncon-
stitGtionaI it would leave affairs IL
worse shape than they are now. the
best thing about the plan. he declared.
is that II IL should pass IL would DC
ovsrthrown in the courts.
Would Limit Powers.
In substance the Foraker proposal was
that the Interstate Commission have its
power limited 10 investigating com
plants Its findings should be referred /
10 the Attorney General, and BY him /
10 the district attorneys. who should /
begin proceedings In circuit court This /
court should try the complaints ana l. /
a rate be found unreasonable. should |
determine the reasonable rate and en- /
Join that part OF the existing rate in /
excess OF this reasonable rate. There /
should be still an appeal 10 the Supreme l
Courr: but this should not operate 10 /
suspend the fixed rate unless the cir
cult or Supreme Court for good reason
should SO order
But the real crux Of the matter. the
real weakness Of the Foraker proposal.
was not located Till the constitueOn
lawyers got busy studying i. They
promptly declared Il absolutely unusual,
and added that its uneonstitutionality
was 50 obvious that Il @ss difficult TO
understand how so good lawyer as
Senator Foraker could have seriously
introduced IL as n valid measure.
Tor the Foraker proposal is that the
circuit court snail be given the power
u fix the rate. Senator Foraker urged
with much earnestness that as the
rate must in tie end be passed on BY
TIE court IN any case. it would be best
10 give the court the initial power Of
nxing Il.
The answer to this proposal was
found by the lawyers IN the reports
OF the Supreme Court. That BODY has
repeatedly and clearly declared that
the making Of a rate is a legislative.
not judicial function. To pass a law
irving the court power 70 fix rate Is
to pass a law that would promptly be
held worthless.
References are made 20 more than
4 score Of cases in which decisions OF
the Supreme Court have sustained this
n connection with these rather sensa-
ttcnai developments about the proposed !
tconunued on Second Psge)