Los Angeles herald., 1906-03-08
RATE BILL MAKES
SENATORS DIFFER
OPINIONS WAVERING AMONG
FRIENDS OF MEASURE
Question as to Whether Rate Made
by Commission Shall Be Sus-
pended During Adjudica-
ton Causes Argument
BY Associa ted Press,

WASHINGTON, March Z. - That
there is still a sharp difference Of
opinion between the supposed friends
of the Doliver- Hepburn railroad rate
bill was made decidedly manifest to-
day In the senate chamber. The divis-
ion is over the question whether a
rate made by the interstate commerce
commission shall be suspended by the
courts pending final adjudication, and
was brought to the surface in a brief
debate which followed a set speech by
Mr.. Clapp in support of the bill. In
reply to question by Mr.. TilIman,
Mr., Clapp expressed doubt as to the
power so to legislate as to enforce
penalties proposed by the BILL pend
ing review of any given finding by
the courts
Mr.. Tillman and Mr. Bailey took
sharp issue with the statement. The
former expressed the opinion that the
issue is vital one, and declared that
If an order of the commission Is not
to be maintained until a final judicial
settlement in case is reached it will
be necessary to reform the courts. Mr..
Bailey also contended that congress
can so legislate as. to maintain the
commissions rate until the final order
of the court is issued and to prevent
interlocutory orders suspending such
rates
During the day there We're two
speeches on the rate bill, one by Mr.
Clapp in support of it, and another
by Mr.. Scott practically in opposition
The remainder of the day was devoted
to the statehood bill, and Messrs Per-
kins and Spooner spoke in opposition
to that bill as it stands.
When Mr.. Clapp concluded his regu-
lar address he was questioned by Mr..
Tillman as to his construction of the
thirty day provision in the rate bill
and the brief colloquy that ensued
caused a great deal of interest.
Mr. Tilman asked Mr.. Clapp if he
interpreted the bill to mean that any
circuit Judge or district judge upon
complaint could suspend the order of
the commission until the litigation was
completed, and Mr.. Clapp replied: mo,
not in a thousand years." He added
that what he had said was that where
the court suspended this order pen
dent lite, it only operates as an ex-
preston of the purpose of the court
but in view of the language of the pro-
vision unless the same shall be sus-
pended also operated as the purpose
and will Of the Legislature as to it's
not being in fact yet suspended, and
consequently the carrier obtaining this
temporary restraining order would not
be liable for the penalty of $4,000 a day
in the meantime if the restraining Or
der was finally vacated"
Tillman Wants Enlightenment
This statement of the Minnesota
senator's position had the effect of
81; fo11
Carolina senator:
"If the penalty of $4,000 day is sus-
pended by an order of the court, pend
ing the litigation, where is your pun
ishment to compel the carrier ever to
obey an order? Is not the whole case
given away if the senator's contention
as to the Interpretation of these words
is right? Are we not face to face with
an absolute surrender of the relief to
the shipper?"
Mr.. Clapp responded; "I think we
are face to face with the statement
from which / read, and / cannot place
it any better than it. was placed by
the senator from PENNSYLVANIA (NIr.
Knox when he said: 'Of course ] do
not mean that in an Independent pro-
Ceeding begun in the court the court
could not, in the exercise of it's dis
cretionary powers, when satisfied that
the rate fixed by the commission was
unlawful. enjoy it's operation until
final hearing. That is power that
inheres in the court that need not be
conferred by statute and probably can
not be taken away by statute
Continuing, Mr.. Clapp said
I'VE are face to face with the prop
osition that if congress fixes a rate
below what the law recognizes as Il
reasonable rate then clearly you are
invading the property rights of the car
rier."
In response to an inquiry from Mr..
Bailey as to whether he would not join
in an effort to secure an amendment to
the bill which would retain in effect
rates fixed by the commission until
finally determined by the courts, Mr..
Clapp said he could not. on the ground
that such a provision would affect the
very life of the proposed law.
Mr.. Bailey did not accept the doctrine
that congress had not the power to
forbid a suspension of rates, and said
that if such was the case the Spooner
impound amendment should be ac-
cepted. He did not believe in closing
the doors of the court to anyone. but
insisted that until the courts should
their Investigations and reach
a final verdict the rate of the commits
sion should continue in effect.
Senator Perkins Speaks
Mr.. Nelson asked Mr.. Bailey If he
held that congress had any more power
to prohibit court from issuing tenn
porary injunction than from issuing a
final injunction, and the Texas senator
replied that he had no doubt that con-
gress had power to provide against an
order, for he said, if
congress has power to establish a rate
1t was not unreasonable to ask that
it should remain In effect until the
at issue was finally de-
termined. He did not believe that any
Judge who might be brought into a
case should have the power to sus-
pend the order of the commission.
"Taken as a whole" he said. "fed-
eraI judges are upright men, but I will
be amazed if the railroads are not able
to make out a case If they can get
the rate suspended while the suit is
finding it's way to final adjudication
and unless we can secure such legis-
Iation as will hold a rate established
by the commission we are storing up
a disappointment for the people of the
United States"