Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-05-18
ITS WORK ALL DONE
Senate Disposes of Rate Bill
Amendments.
SOME SPEECHES TO HEAR
The Words "In Its Judgment" Drop
ped From the Measure.
WAC uYCpT Kn NAvc yHEpE oA
YEAS WERE so, NAYS WERE "a
Declared by Some That the Action
Taken Was Breach Of Agreement
Reached on Allison Amendments.

The Senate today struck out Of the ra.a-
making provision of the railway rate bill
the words ''in its Judgment" yeas oO.
nays "a
When the railroad rate bill was taken up
today the Senate resumed consideration OF
the Teller amendment striking out Of the
provision giving to the interstate commerce
commission the power to prescribe rates
the words "in Its Judgment
Before that order was reached however,
Senator Hale. took advantage of the oppor-
tunity to admonish other senators against
the violation of their own fifteen-minute
rule He said in that connection that the
rule had been pretty much of failure, and
he added that half a dozen senators ha d
so far done most of the talking the bill
He would have the time distributed more
evenly. and he thought that If there were
not so many interruptions by senators who
had already spoken the amendments could
be disposed of early today and the Senate
could have Saturday and Sunday for a
much-needed rest He also said that under
the terms of the agreement there would
be no limitation to the debate after the
amendments are out of the way.
Mr.. Daniels Argument.
Senator Daniel made the first speech on
the Teller provision, taking the position
that the presence of the words I'm It's
judgment" would not have the effect OF
vitiating the bill, as has been contended.
He declared. indeed. that neither the pres
ence nor the absence OF the words could
AFFECT the measure. IT, he said 1.-THE
words are retained the commission will
have explicit authority to do what 1t must
necessarily do If they omitted"
He said that as far back as 1924 Chief
Justice Marshall had int atad fha rChf
of Congress to delegate it's power and the
rule then laid down had been followed In
innumerable cases. He also referred to
the recent opinion of Justice Brewer in the
Michigan tax case, saying that in that case
the justice had used words which his own
sense of propriety had led him to withdraw.
He added that further consultation of
Justice Brewers decision would do much to
set right the minds of those SO fond OF
catching at such trvalities as an opin-
ion that was never delivered
Senator Long also advocated the retention
OF the words. agreeing with Senator Allison
that they constitute part of the judicial re-
view contemplated by the bill.
Mr.. Spooner Expresses Doubt
Senator Spooner expressed doubt as 10
the wisdom OF the provision. "It is open to
doubt and challenge" he said, and went on
to say that Notwithstanding his doubts he
would vote for the bill because he wanted
to see some law enacted that would give
the courts opportunity to pass on the
question of delegated power. He recog-
nfzed that Congress could not Itself under
take to fix rates: hence the Importance OF
having definitely settled the scope of the
congressional authority to confer Its con-
stitutional power on another body. He
also quoted the Supreme Court In the Mich
igan case. saying that what was left In was
accumulated by what was left out.
IT." he declared. 'ft was left to me as
lawyer to say whether the words should be
retained. I would not dare to take the re-
sponsibility of leaving them in
Senator Fulton advocated the retention
of the words saying so far the Supreme
Court decisions go they sustain its right to
confer its authority.
Opposed to thew ords.
Senator Bacon was of opinion that the
words weaken the bill and therefore advised
that they be eliminated.
Senator Morgan would have the words
stricken out because they cast a doubt on
the bill
Senator Lodge said there had not been
any understanding that would bind him to
keep the debatabie words in the bill, and,
understanding or no understanding, he
wanted the words stricken out IF the
words remain and the law is declared un-
constitutional the people will declare it a
fraud, and Congress Will be held respon-
Mble.' he said.
In reply to Mr.. Foraker Mr. Lodge said
be knew nothing about any agreement He
had been shown the Allison amendments
and had said that he approved them, but
he did not go further.
Senator Foraker said also that he knew of
such agreement.
Senator Long said that Senator Allison
had stated Yesterday that the retention of
the words in its Judgment was a part of
the amendment presented by him
Senator Carter announced his inter ton to
vote against the retention of the words,
= knowing that the amendment would be
anY,S
wanted them stricken out because they
with other words in the bill, confer judicial
power ON the commission.
The Amendment Adopted.
The amendment was adopted so 20 "A. as
follows:
Yeas-Alger. Alice, Ankeny. Bacon, Bal
ley. Berry. Blackburn. Brandegee Buckley,
Burnham. Carmack. Carter. Clark (Mont),
Clark (Wyo), Clay. Culberson. Dick, Dill
bingham. Dryden, Flint, Foraker. Foster,
Frazier. Gellnger. Hale. Hansbrough. Kean.
Knox, Lodge. McCreary, McCumber. Nc
Emery. Mallory, Martin, Millard Morgan.
Nixon, Overman, Penrose. Pettus. Platt,
Rayner, Scott. Simmons, Spooner, Stone,
Taliaferro. Teller. Tillman, wetmore-5o
Nays-Allison. Beveridge, Burkett Clapp,
Clarke (Ark1 Crane, Culom. Daniel, Doiii-
yer. Elkins, Frye, Fulton, Gearin Hemen-
way, Hopkins. La Toilette. Latimer Long.
McLAuriu. Nelson. NewIands. Perkins.
piles and Warner-24.
Senator Mallory moved the substitution
Of the words ascertain and declare for
the words determine and prescribe in the
rate-making provision. but the motion was
voted down. u TO Al.
Alleged Breach of Agreement.
In striking out OF the bill tbs words IN
Its judgment" the Senate defeated one of
the Allison compromise propositions. Ii
Ii true the words were IN the bill as II
came from the House, and during all the
discussion great deal of opposition TO
them was developed. When the Allison
court review and other compromise pro-
visions were being considered the friends
OF the original Hepburn bill insisted that
the words lin its Judgment should be re-
Gained in the bill, and they assert that
they became a part OF the compromise
agreement