Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-03-15

snali De suspended or modified or set aside
by the commission. or be suspended or set
aside by q court OF competent authority
Concerning this section Mr.. T7ilnsan said:
Around the first provision the. most
earnest and exciting contention has arisen,
and there is great difference of opinion as
To the scope of this clause and the cxecu-
tive powers of the commission under It.
| On the one hand, 1t is claimed most posi-
lively that Congress cannot delegate its
powers to the commission, and thus author
lie II to fix rate, while on the other hand
il is asserted with equal earnestness and
force that this power is indisputabIe.
Whatever may he the results of this discus
sion in the Senate, If the bill becomes
| Law the final determination of the question
at issue must be made by the Supreme
| Court. There is even greater solcitude
upon the question r, judicial review. The
friends of the proposed legislation are
equally earnest with its opponents in de-
string to throw every protection around the
billions OF capital invested in railways of
the United States.
Mr.. Tilman added that at the same time
the people are demanding relief for pro-
ducers and shippers. He declared that ii
Is the duty of Congress to hold an even
balance between these conflicting and con-
tending interests.
Limiting Court Powers.
Friends of the railroads contend urged
Mr.. Tillman, that Congress cannot limit
the Jurisdiction of the circuit courts. white,
on the other hand he added 1T is assert
w win tIuaA SBpidStS tIdI the power to
create all courts other than the Supreme
Court. rests alone in Congress. and that
such courts being statutory are necessa-
rily limited in their scope and power by
the Ia authority thoIit which creates them
confidently to this view and have NOT The
slightest doubt that it is possible to prop
eriy amend the bill so as to prohibit the
circuit courts from interfering with the
orders or the interstate commerce commits
sion by an introductory order AS has al
ready been observed in connection with the
power TO fix rates, this question also must
be determined by the Supreme Court should
the proposed law be enacted
The Senate must determine by its vote
what shall be its attitude upon the ones
tons OF court review and introductory sus-
pensions. The whole question at issue as
to giving relief to the producing interests
or the country revolves around this feature
of the bill If any decision of the supreme
Court shall declare that Congress is power
less 10 grant speedy relief through a COM
mission, II needs no prophet to tell that an
outburst of surprise and indignation will
sweep over the country"
Summing up the situation he said:
1t Is impossible to deny that this great
accumulation of wealth In the hands of the
Few is such menace to liberty that the
honest patriot stands appalled, by the out
look"
Increase in capitalization.
After commenting at length upon what
he declared to be the existing system OF
Juggling with railroad properties for the
robbery of the masses" Mr.. Tillman stated
that this phase of the subject brings into
great prominence and Importance 1.-THE rela-
ton to Congress of the increase in capitali-
cation; whether 1t Is the purpose of Con-
gress to compel the business industries 10
pay dividends, not upon the real value OF
these properties, but on the fictitious value
Wmch mas been sought to be placed upon
40 inn CaI TIL; A. -.
corning the application of the bill to this
subject he said:
There is a dangerous provision In this
BILL which. in my judgment. ought to be
stricken out, and that is in section L. where
the interstate commerce commission is told
to determine and prescribe what will in
its Judgment. be the just and reasonable
and fairly remunerative rate etc The last
words are too elastic and ambiguous and
can be construed to mean too much that II
would be harmful and dangerous for Con-
gress to enact into a law. Fairly remlln-
eratlve rates on what; the actual value or
the fictitious value of the properties? Are
railroads which now pay no dividends be-
cause of the immense amounts of watered
stock to be allowed to compel the producers
who use their lines to pay a dividend on
the excessive capitalization? Is Congress
willing to lend itself to the schemes of the
railroad magnates who have brought about
this condition wherein they levy tribute
on the business industries of the country
hesh?'
Mr.. Tilman declared there can be no
justice in compelling the people as a whole
TO pay dividends on watered stock pri-
marily to Increase the fortunes of men al
ready too rich. He contended that 1.-THE
poor dupes" who have been led to invest
their savings in such stocks can better af-
ford to lose those earnings than to have
the labor of the country sadded with the
burden of paying perpetual tribute in the
shape of dividends on dishonest valuations
Whatever else Congress does or fails to
do he added, 1.-The producers of the coun-
try should be relieved from such danger of
being compelled TO make good the values
of over-capitalized railroads as turks in
this innocent looking and plausible pro-
vision about fairly remunerative rates."
Railway Monopoly Denounced.
Mr.. Tillman recommended that amend
ments to the bill be adopted which would
give relief to the anomalous and out
rageous conditions of affairs disclosed as
existing in West Virginia
Continuing he said: Vested with the