Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-03-16
Reported to the Senate by Tillman
Who Makes Characteristically
Vigorous and Pointed Speech.
Interstate Commission Given Addi-
tional Power to Investigate the
Coal and Oil Industries.

tIllDuEitDal Tie cOu-liTN us lHt. Ctl'tE'
ished scheme Oi the President. with
whose general po!icy AID principles
tat member is not in accord. At the
same time the bill is resigned to carry
into effect his own long cherished COLI
cirtions and thrice reiterated demands
of the party tc which he belongs.
Ernnh sizing the claim that this
CT TGitioa IS without precedent in leg
isl:ttivn history, Mr. TillrTlan says il
iuin2S INTO prominence the fact thu
the proposed Legislation is nOn-parti-
SAN ana is 50 recognized as a result of
tn" UNANIMOUS support given it by the
minority III the House and the w
oiroG:nS VCtcs--only seventh than
ch:!:c body. 1T therefore follows"
says Ar 'rillman, If events shall
I,rore that this measure has broken
down party lines in both branches of
Congress. that the conclusion will be
almost inevitable that il will be franz
ed So IS to accomplish the results in
tended or claimed to be intended by
I, bcth parties and to this end Democrats
and Republicans alike should bend all
their energies ard lend ali that is best
in them t. perfccting and passing SO
III portant piece of legislation
There would follow a cyclone of
passionate resentment" said Mr. Till
man ir predicting what would pc the
result of failure on the part of Con-
rrcss 10 meet tire Widespread demand
for railroad rate legislation. He de-
Glazed that "Woc will be the harvest of
any member Of the Senate or House
whose work III Formulating II bill to
regulate railroads lacks earnestness or
| honesty Of purpose and who shall seek
II belittie the question or kill the bill
| by subterfuses and deception. The
constitution gives TO Congress the pow
| or to regulate the railroads, he con-
| tended and there are many wrongs to
right.
| The bill as it came fom the House,
| Gir. Tilm2n characterized as loosely
" orded and capable of different inter-
rretations. Discussing the alleged in
| adequacy of the measure he said it is
that duy of the Senate TO make such
amendments as shall produce the hest
| possible law and relieve the distress
and wrong, the existence of which no
one will deny" In thus commenting
| upon the bill, Mr.. Tillman said he can
Calm to give expression to no opinion
| except his own. The object sought,
| he added, best can be outlined in the
language of the President in his last
annual message to Congress and from
| this the senator quoted extensively.
Mr.. Tiliman pointed out that it is
generally supposed that the pending
nc assure embodies the well Gigestcd
views of the Executive and those of his
party whose advice he consents to
take" After Cnunlerating the essen
tial changes from the existing laws
regulating Interstate commerce, he
stated tina. the most important is
found in Section IS, in which power is
sought 20 be vested in the Interstate
commerce committee, after full hear
ing upon Il complaint made to- deter
mine and prescribe what will in it's
judgment he the just ard reasonable
and fairly remunerativc TO be there
after observed in such case as the
maximum to be charged and to make
an order that the same shall go into
effect and remain in force for three
years. which ORDER snail Ego into effect
80 days after notice to the carrier and
shall remain IN force and be observed
by the carrier, unless the same shall
be suspended or modified or set aside
by the commission, OF be suspended
or set aside by q court of competent
jurisdiction.''
Concerning this section, Nj. Till
man said:
Around the first provision the most
earnest and exciting contention has
arisen and there is great difference of
opinion rs to the scope of this clause
| and the executive powers of the COM
| mission unier it. On the one hand,
it is claimed. most positively, that
Congress cannot delegate its powers
| to the commission and thus authorize
| it to fix rate, whila on the other hand
it is asserted with equal earnestness
| and force that this power is indisput-
| able. Whatever may be the results
| of this discussion in the Senate if the
! hill becomes Il law the final determine
alton of the question at issue must be
lnade by the supreme court. There
| is even greater Solicitude upon the
que stion of judicial review.
The friends of the proposed legislation
! are equally earnest with it's opponents
in desiring to throw every protection
! around the billions of capital invested in
railways of the United States
T1ilman added that at the same time
the cries of the people are demanding
| reEet from producers and shippers He
declared That 1t is the duty of Congress
| 10 mold an even balance between these
connecting and contending interests.
| Friends of the railroads contend. urged
Tillman. that Congress cannot limit th..
jurisdiction of the circuit courts while on
the other hand. he added ''it is asserted
with equal emphasis that the power to
create all courts, other than the supreme
court, rests alone in Congress and that
SUCH courts being statutory are necessa
lhy limited IN their scope and power by
the authority which creates them
he continued: Il myself incline most
eonnuentiy to this view and have not the,
slightest doubt that it is possible 70
properly amend this bill SO as to nrobihft
, the circuit courts from interfering with
the orders of the Interstate commerce.