The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-03-24
AVER RATE FIGHT
IS ONLY BEGUN
Senate Leaders Say There Is No
Immediate Prospect Of
Bills Passage.
journal Special Service.

journal Special Service.
Chicago. March PA Washington
special to the Chicago Tribune says:
There is no immediate prospect Of the
passage of the rate bill by the senate.
Some enthusiastic senators express the
opinion it will 60 thru within a week
or two, but there is no likelihood that
any definite action will be reached for
than a month.
Recognized leaders of both sides, in
Guiding republicans and democrats, de-
clare the fight is only just beginning:
The principal difficulty lies in the fact
that those senators who are recognized
as fighting for the rights of the rail
roads persistently refuse to define their
views. They have been attacking the
Hepburn bill as it came from the house
in a series of strong speeches, but as
vet the railroad men have failed to get
together on any coherent amendment
which they would be willing to accept
providing for court review.
Varying Points of View.
Senator Knox has one point of view
and Senator Spooner another. Joe
Bailey, on the democratic side, who also
poses as q constitutional lawyer, has a
totally different proposition which can-
not carry the united strength OF his
own side of the chamber.
The only coherent, compact railroad
bill vet presented to the senate is that
passed by the house. It surely will be
amended in the senate, but it is too
early to tell just how far the changes
will go. There is no prospect of an
agreement in the immediate future, and
it is doubtful if the senate will get
down to business on this subject until
some time after May /.
Historic Debate.
In spite of the long delay which is
inevitable, the discussion on the bill
is proceeding along lines which ap'
proach a real and possibly a historic
taken up most of the time, as a matter
of course, and while they have diff
fered from each other on materia
points, the debate has been extremely
important thus far in the light it has
shed upon the constitutional powers Of
the general government to regulate
transportation companies and more par
ticularly on the relation between thu
legislative, executive and judicia
branches Of the government,
Out Of this debate there ought tt
come a pretty good general idea a
to how far congress may go in leglsla
ton on this subject without fear O.
an adverse constitutional decision b,
the supreme court.
Fear of Unconstitutionality.
It is this fear Of unconstitutiona1it,
which has led the president and othe
friends Of the bill to agree tentativel
to a moderate court review proposition
If they could be assured that the bill
as it came from the house was stron
enough to pass thru the courts the
would stand for that measure an
would fight every proposition for a spt
ciic court review.
There is a strong suspicion abroa
here that Senator Bailey Of Texas
not sincere in his position. These II
I'D the story goes tie has. contrive6E
amendment for the express purpose {
confusing the situation and either bea
ing the railroad bill entirely OF eli
furnishing the necessary lssphoae t
the supreme court to decla,
The law. when it finally is passed, u
constitutional =
Check on Bailey.
So settled in this conviction are tt
real friends Of the bill that Senate
Bailey IS not entirely %sincere> that the
have insisted upon his amendment b,
Ing passed in such shape thai it will /
an entirely separate section. In cas-
1t should be passed as a sep;
rate section or an independent par.
graph not connected directly with tt
mtxWhich preceded or followed i
1t cou1u by the supreme cou1
without invSMdating the whole bill.