The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-04-12
SENATOR sAILEY's SPEECH.

Senator Bailey's speech on the rate
bill is easily the most notable effort
OF the session and has helped to clear
away the fog of uncertainty from the
legal aspects of the rate question. The
fact that the Texas senator held the at
tention Of his great audience for over
four hours is of itself sufficient proof
of his ability as an orator; and the fur
Their fact that his effort won the open
approval Of Senator Hale, one of the
Republican leaders, shows the extent
10 which party lines have been oblit-
Grated in discussion of the subject
Senator Bailey took the position that
congress has the inherent right to linn
IL the power of inferior courts in their
issuance of temporary injunctions; and
that a rate regulation bill would be
constitutional providing that ruling
OF the Interstate commission should
stand until passed upon by the supreme
court of the United States.
The Texas senator decIafed further
that he did not see how a bill could be
constitutional unless it provided for
review by court, and his opinion on
this point is concurred in by most Of
the prominent lawyers who have ex-
pressed themselves on the point.
II will be seen that Senator Bailey's
position is midway between those ex-
tremists who insisted, as the president
did. on a law which gave no oppor-
tunity for court review, and the others
who wished the law to permit suspen-
sion OF a rate by injunction until it
could pass through the courts and be
sustained. Possibly because of the op-
portunity it offers for compromise, the
senator's view seems to have met with
approval on all hands and, according
TO Senator Hale, opens the way for a
speedy vote on the question.
one of the chief arguments Mr.. Bal
ley submitted for letting the supreme
court take sole jurisdiction was the
fact that it would be an incentive for
the transportation companies to secure
a decision on disputed rates as expe-
ditiously as possible; and if this is
done. one of the main sources of dis
content with present conditions will be
removed.
The prospect OF a speedy settlement
of the rate question will be a cause of
qualification to the railroad companies
and to the general public as we'll. If
Senator Bailey's amendments are
adopted, as seems likely, the effect
ought to be good in that the railroads
will be assured speedy review by the
supreme court Of such cases as may
need adjudication, and the public will
be assured an opportunity to get
prompt and effective adjustment Of
rates where injustice can be shown.
The provision that all rates shall af-
ford just remuneration to the carrier
is ample protection from confscatory
rates, so that as between shippers and
transportation companies an equitable
settlement Of the contention is in sight
No consideration of the situation
would be complete which failed to rec
ognize the fact that this approach to
fair legislation has been possible only
by the alignment of the Democrats on
behalf of a just rate bill The chief
opponents of any legislation have been
Republican senators. the chief friends
of legislation have been Democratic
senators. From the time Senator Till
man was placed in charge Of the meas
ure on the floor of the senate UP to the
time when Senator Bailey's speech
crystallized the legal arguments on the
subject, the Democrats have been the
staunchest supporters of rate reform
and if the subject reaches a satisfac-
tory solution the chief credit for it will
be due to the Democracy.