The Birmingham age-herald., 1905-12-12
Senator Foraker Says Interstate Commerce Commission Has Not the Power to Fix
 Freight Rates
BAILEY AND CULBERS0N
 DISSENT FROM THAT VIEW
Senator Tillman Makes Characteristic Speech-Senator Morgan Opposes the S13o ooo ,ooo Bond Fea-
 ture of Canal Bill.

Washington, December n.-With splr- tied debates on the subject of railroad rate Legislation, arising out of the introduc- ton of a bill by Mir. Tillman to authorize the interstate commerce commission to fix maximum rates, and on the Panama canal, due to d controversy owe rthe refer ence of the emergency appropriation bill to a committee, today's session of the more than four hours.
 An adjournment was taken without a mention of the late Senator Mitchell of Oregon and so far as can be ascertained 1t was the first time the death of sen ator was permitted to pass unnotieed by the Senate.
 The erasure of Mir Mitchelrs name from the rolls followed Chaplain Hale called the situation to mind in his prayer by death, and by praying that members of the Senate be given greater strength to bear each others burdens
 The debate on the Tillman bill was en- gagged In by number of senators. MT. Foraker declared that the bill proved that it's author believed the present laws were sufficient to correct all alleged transpor- tation evils, except excessive rates, and that there was ample provision for the punishment of rebate giving.
 MT. Tillman responded that he had thought the laws sufficient until the in- vestigaton begun by Judson Harmon into the Santa Fe case had terminated In a pitiful fiasco. MT. Foraker asserted that the law could not be blamed if some person" fell short in his duty. MT. For aker intimated in his discussion that there would be some extended controversy be- fore the railroad rate bills were disposed of this session.
 After more than a score of senators had discussed the Panama bill. 1t was re- ferred to the appropriation committee by a vote of 40 to 23.
 TiIIman Takes the Floor.
 Mir. Tillman introduced his railroad bill and was given permission to explain it to the Senate. It amends the act to regulate interstate commerce by giving to the in- terstate commerce commission the power to fix a maximum reasonable rate' when 1t determines that the existing rate is un- just or unreasonable, and the rate SC fixed shall be the only legal rate charged. The bill was referred to the committed on interstate commerce.
 MT. Foraker said he believed the bill is the best yet offered, if the government is to go into the rate-making business ai all, as 1t would do the least possible harm.
 'In saying that I minimize the harm of any character of that kind, because the bill is directly solely at excessive rates. '
 MT Foraker took the position that Mr. rillmans bill recognizes the fact that the present laws are sufficient to reach rebate and everything but discriminating charges.
 q had supposed that the law was suf- ficient to reach rebates and similar alleged evils" said MT Tillman, but since the investigation of rates begun by MT. Jud- son. Harmon, at the instigation of the executive, came to such n miserable and pitiable fasco, l am getting rather shalSey as to the sufficiency of that law
 So long as the President continues tC whteWash the action of certain officials in my community affecting outside inter ests, so long will they remain fixed and concrete.
 "I will not be diverted by reference tc a single transaction in which the sen ator from South Carolina thinks the President fell short of his duty. If any 'ti not be blamed" answered MT. Foraker.
 Continuing MT. Foraker said;
 'I am not going to vote for MT. Till mans bill. l have only been throwing him few bouquets"
 Congress Can't Delegate Power.
 He said he had bill of his own which he would introduce within q few days and could convince any unbiased mind of the wisdom of his measure. He declared that the Tillman bill and many others offered were unconstitutional because Congress had no right to delegate to a commission the right to regulate railroad rates.
 Then the supreme court is wrong on that pont?" asked MT. Tilman
 MT. Foraker declared that the supreme court had never expressed itself on this point. He asserted that authorization of the internal commerce commission 10 fix rates amounts to giving 1t legislative func- tons.
 Replying to question from MT. Bailey and MT. Clay. MT Foraker repeated this statement as his unqualified conviction. and said that many prominent lawyers were of the same opinion. MT. Culberson referred to certain grants to subsidized roads in which Congress declared that only reasonable rates should be charged, and he said that if Congress could deliver to railroads the power to fix rates. 1t should have power to deliver the same power to the commission.
 MT Foraker declared the roads though public utilities. were privately owned. and would have the right to fix rates which are immediately given them by the com mission.
 Panama Canal Bill.
 The Panama canal appropriation bill then came up. MT. Allison asked that II be referred to the committee on appropria- tions as deficiency bill, but on request of Mir. Kittredge the bill was read MT Hop kins urged that the bill be referred to the committee on inter-oceanic canals as it was an emergency bill not deficiency MT. Spooner said 1t was an emergency bill because 1t was a deficiency measure
 MT. Allison said he would frankly state that the sundry civil appropriation bill should in the future carry the regular canal appropriation. unless the resolutions should be amended
 Tt Is good old Anglo-Saxon stealing, and not graft " asserted Mir. Tillman 'tn pay such high salaries as are paid tc canal officials. He mentioned particu- larly the salary of sl0000 to the auditor
 There should be legislation and the steals should be stopped, even if the (centInusd on Ninth Pace,