Omaha daily bee., 1906-03-29
KNOX DISCUSSES RATE BILL
Says Measure Prohibiting Court Renewal Of
New Rates Would Be Void.
CIVILIZED INDIAN BILL CONSIDERED
Conferences RePsrt objected TO by
Msny senator's Because OF New
Matter Inserted by the
Committee.

! WASHINGTON March S.-Mr Knox
/ made his first set speech in the senate to-
day. He spoke on the railroad rate ques-
/ ton. and dealt almost exclusively with the
legal features OF the problem. When Mr..
Knox concluded the senate entered upon
the consideration Of the conference report
on the bill regulating the final disposition
OF the affairs OF the FIVE civilized tribes OF
Indians and much objection was expressed
TO many OF the changes Some of these
were criticised on the ground that the con-
ference committee had transcribed its au-
thority by the insertion OF new matter
There was a renewal Of the discussion Of
the disposal OF the coal lands I'm Indian
Territory. and several senators, including
Messrs. LaFolette. Clark Cwyo) and TIL
man. expressed disapproval OF the confer
ence provision authorizing the secretary Of
the interior to lease lands
speech by Mr.. Knox.
When the senate met today Mr.. Lodge
offered an amendment to the railroad rate
bill, making It apply to pipelines for the
transportation OF OIL Mr. Daniel presented
an amendment TO the same bill making rail
roads liable for damage to employees
The resolution calling upon the Inter-
state Commerce commission for informa-
ton relative to free transportation, includ-
Ing tickets issued TO newspapers in pay
for advertising, was passed without OPP
position.
The railroad rate bin was then taken up
and Mr. Knox presented his views This
was Mr. Knox's first sustained effort IN
the senate and he was accorded close at
tention by a well filled chamber
1t is obvious that a Jaw comforting the
tremendous power which it is proposed by
all the bills under consideration to con-
fer upon the commission to substitute one
rate or practice for another, must be
drawn upon one OF two theories: Upon the
theory that the order Of the commission
shall be final and not renewable by the
courts, or upon the theory that it shall
be renewable by the courts. 1 have no
hesitation in saying, upon the authority
OF the cases which have already been sub
mitted to the senate by the distinguished
senators, who have participated in this
debate that bill drawn upon the theory
that the orders Of the. commission shall
be final and unassailable in the courts
would be unconstitutional"
The railroads are entitled to their dav in
court and that an act which prevents a
judicial review or determination Of the
question Of the reasonableness OF an order
of the commission would deprive the car
flers OF this constitutional right and would |
therefore be unconstitutional Mr.. Knox
said that in his bill he had undertaken to |
preserve the constitutionaIity of purpose |
OF the measure and to throw around the |
provision for the review such constitutional |
restrictions and terms as would prevent |
unnecessary or frivolous appeals to defeat
the end of the remedial legislation. His
court review section, he said, provides that |
the question TO be submitted to the courts |
is solely whether the order of the commits
sion violates the Compliments rights.
When Knox concluded the conference re-
port on the bill settling the affairs of the
hve civilized tribes was. taken up