The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-23
RATE BILL DEBATE.
SENATORS LODGE AND SPOONER
THE CHIEF SPEAKERS.

MIR. Lodge Advocates His Amendment In.
creasing Membership OF the Interstate
Commerce COmmission-Mr. spOOner
Attacks Mr.. Bailey's Amendments.
WASHINGTON; March 22.-The Senate
had another day Of notable debate on the
Railroad Rate bill. Mr.. Lodge Of Massa-
chusetts addressed the Senate at the close
of the morning business in support OF his
amendment increasing the membership OF
the Interstate Commerce Commission to
nine members and fixing their salaries at
$4,000 a year, the chairman Of the oom-
mission to be an eminent lawyer. He con-
trasted the work OF the commission with
the work Of q court.
1T ia important said Mr.. Lodge; that
we endow this commission withthe highest
possible character, inasmuch as we are to
confer upon this commission by this bill
extra ordinary powers" b
1t was proposed to give the commission
powers affecting more valuable property
than was affected by any other tribunal
in the world. Therefore it Is necessary to
give to the commission men Of the highest
ability and charac ter and to increase the
official Importance Of the commission to
correspond with the increased importance
Of their duties.
Mr.. Lodge referred to the activity and
efforts OF the Interstate Commerce Com
missioners, in conjunction with CONNER
cial bodies to secure amendments to the
Interstate Commerce law rs illustrative
OF the variety OF duties that devolved upon
the commissioners
Mr.. Foraker said he believed the men,
bership Of the commission should be re-
duced to three.
Mr.. Lodge closed with a defence OF the
judiciary and strongly condemned an
interview by Interstate Commerce Com
missioner Prouty, in which Mr.. Prouty
was quoted as saying that the railroads
owned some OF the courts and other official
organizations, and would endeavor to W
the Interstate Commerce Commission but
for the fact that 1t had no powers under the
law at present.
Mr.. Spooner Of Wisconsin followed Mr..
Lodge, and held the attention Of the Senate
for two hours this afternoon willie he at
tackled the constitutionalty Of Mr.. Bailey's
proposed amendment to prohibit the United
States Circuit and District Courts from
suspending any rate fixed by the Interstate
Commerce Commission, pending q judicial
review t o determine the ~reasonableness
Of such rate. Mr.. Spooher had not con-
cluded his argument at s O'Clock, and at
the suggestion Of Senator Teller Of Colo
RADIO he suspended until tomorrow.
Mr.. Spooner declared that the amend
ment Of Mr.. Bailey, IL adopted. would under
the Hepburn bill be unconstitutional. He
argued that while Congress was authorized
under the Federal Constitution to create
the inferior courts, when onoe created,
complete jurisdiction vested in them, the
same as it vested in the legislative or ex-
eoutive department.
IF Congress can deprive the inferior
courts Of the right to issue temporary In
functions" said Mr.. Spooner, why can it
not also deprive them Of the power to issue
permanent injunctions?" The equity pow
ers Of the Federal circuit and district courts,
he argued, were inherent.
"If Congress can limit these inherent
powers then the judiciary is not what the
Constitution intended it should be- said
Mr.. Spooner. He contende d that while
Congress was authorized to e stablish the
inferior courts II had no power to abolish
them, unless by the same act it supplied
other tribunals to take their places.
MIR. Raynor tDem., Md commended that
Congress had the power to abolish both
the circuit and district courts, and that such
act would be constitutional although he had
no idea Congress would do 30.