davidaulloa/AmericanStories huggingface dataset:
The National tribune., 1906-04-12

receiver or trustee shall forfeit the sum
OF $500 for each offense and for each
and every day of its continuance; that
any one who shall make q false entry
in such accounts or destroy, mutilate or
alter them shall be subject TO a fine of
not less than $1,000 nor more than
$1,000 or Imprisonment of not less than
one year or more than three years;
that any examiner who divulges any
fact except as directed shall be subject
TO fine of not more than $4,000 or i'm
prisonment, or both: that the courts OF
the United States shall have power to
enforce this. and that the Commission
be authorized to employ special agents j
Enlargement of the Commission.
Sec. s. That a new section be added
10 said act at the end thereof. to be
numbered as section "a. as follows:
Sec. "a. That the Interstate Conn
merce Commission is hereby enlarged
so as TO consist of seven members with
terms of seven years, and each shall
receive $4,000 compensation annually.
The qualifications of the Commission
ers and the manner of the payment OF
their salaries shall be as already pro.
vided by law. Such enlargement of the
Commission shall be accomplished
through the President. by and with the
advice and consent of the Senate. OF
two additional Interstate Commerce
Commissioners. one for a term expiring
Dec. 81, 1911, one for a term expiring
Dec. 81, 1912. The two terms of the pres
ent Commissioners, or of any successor
appointed to fill a vacancy caused by
the death or resignation of any of the
present Commissioners, shall expire as
heretofore provided by law. Their sue
cessors and the successors of the adj
ditional Commissioners herein provid-
ed for shall be appointed for the full
term OF seven years. except that any
person appointed TO fill vacancy shall
be appointed only for the unexpired
term of the Commissioner whom he
shall succeed. Not more than four
shall be appointed from
the same political party
The National tribune., 1906-04-12
Senator EIkins's Position.

In his speech, Senator Elkins said
that although he had always been re
ferred TO as railroad man, his inter-
ests as shipper were 10 times as great
as his interests as a railroad man, and
he opposed the bill, for the following
reasons:
ut does not go far enough, and is of
doubtful constitutionality.
Congress has power TO make rates
or can delegate that power.
The Hepburn bill fails to prohibit
carriers engaging in production, as i,
should.
1T gives power to revise or readjust
differentials, which should not be given
TO a Commission.
Its provision authorizing the Com
mission TO fix through routes and rates
is of uncertain validity.
ut denies the right 10 suspend n rate
on appeal, which is dangerous and un-
fair.
ut confers jurisdiction on no court
to entertain proceedings to set aside a
Commission-made rate"
The National tribune., 1906-04-12
The 10th Ohio.

Editor National Tribune: I have
taken The National Tribune for over %
years. My first number is 40, my last
1878. and I have every copy filed away
as clean and nice as the day got them
from the post office. 1t IS the best his
tory of the war of to-day. l have 1.1i0
numbers. and they make a large pile.
1 would like a short history of the
10th Ohio, such as you frequently pub
lish. giving losses. etc.-W. F. Wiley,
Box 112, Gibson City, III.
The 10Th Ohio was organized at Camp
Sherman from Oct. 5. 1861, with
Charles r. Woods. of the Regular
Army. as Colonel. Upon his promotion
to Brigadier- General he was succeeded
by his brother, Col. William B. Woods,
who was also promoted to Brigadier-
General. and Lieut.-Col. Willard War
ner was promoted to Colonel of the
lSOth Ohio. Lieut.-Col. Edward Briggs
was in command of the regiment when
il was mustered out. July Is, 1865. It
belonged 10 Steele's Division, Fifteenth
Corps. Army of the Tennessee. and lost
81 killed and 270 died from disease
Editor National Tribune.
The National tribune., 1906-04-12
The President. Position.

In his Message of Dec. 6, 1904. Presi-
dent Roosevelt said:
THE Commission Interstate Com
merce) should be vested with the pow
er. where q given rate has been chal-
lenged and after full hearing found to
be unreasonable to decide, subject 10
judicial review, what shall be a reason
able rate 10 take its place, the ruling
of the Commission to take effect imme-
diately and TO obtain unless and until
ii is reversed by the court review"
In speech at Akron, o., last Octo-
ber Secretary Taft said:
THE Presidents proposition IS that
the power Of the Commission shall be
TO hear complaint that a particular
rate IS unreasonable, to declare It TO be
unreasonable, and TO fix the rate which
should be reasonable, and embody this
finding In an order, which should stand
until set aside by court. either upon
preliminary or final hearing"
The National tribune., 1906-04-12

vestigate the reasonableness of a pro-
posed rate and to fix a rate for future
observance is non-judicial power
which cannot be conferred upon courts
exercising the judicial power of the
United States.
He says that the bill is unconstitu-
tional, because:
First. 1t does not provide any meth
cd for challenging the unlawfulness of
the orders of the Commission in di-
rect proceeding against the Commits
sion.
Second. 1t prohibits parties affected
and aggrieved by the Commissions or
ders from defending proceedings TO en-
force them upon the ground of their
un1awfulnesS.
Third. 1t SO heavily penalties the
disobedience of the Commissions orders
as to make any attempt to secure a
judicial hearing in any form of pro-
ceeding impractical"
The National tribune., 1906-04-12
senator Knox.s Position.

Sentor Knox's (Pa) speech has at
tracted far more attention than any 9TH
er because of his eminence as a lawyer
and his former position in the Cabinet.
He agrees with the Senators who con-
tend that the power TO fix railroad tolls
Tor transportation is legislative pow
er, and that when the Legislature has
laid down rule for the establishment
OF rates the application of such rule to
specific cases is matter OF admins
tration which may be delegated to
Commission, and that the power 10 in
The National tribune., 1906-04-12

publican leaders in the Senate dumped
the bill overheard, to clear the party's
decks. Tillman and Bailey are trying
to make the bill a non-partisan meas
ure, but some of the other leaders are
struggling, without success, to make a
party stand upon it. The President is
undoubtedly soliciting the aid of Demo-
cratic votes. Senators Allison and Aid
rich, who have heretofore exerted the
greatest influence in the Senate, are at
odds, Allison having pledged himself to
support the President. The rift runs
through all previous combinations and
relations of Senators on both sides.
The President was assured that 20
Republicans would support the amend
ment, with at least 20 Democrats. This
made safe majority. Now it is as
serted that not more than 1S Repub-
licans can be relied on, with the Demo-
Gratis still more uncertain. Every Sem
ator has his list of votes, with no two
Of them agreeing.
The following is the latest list of the
29 Republicans in favor Of the amend
ment:
Messrs. Allison, Alice, Perkins, Hey
burn (probably). Cullom, Hopkins
(probably), Beveridge, Hemenway
(probably), Dolliver, Long, Burrows
(probably), Nelson, Clapp, Warner,
(probably), Dick (probably), Fulton.
Gamble, Kittredge. Proctor (quite prob
ably), Dillingham; fquite probably.
Ankeny. Piles. Elkins, Scott and La
Toilette.
1t will be noticed that eight of these
are marked probable" or quite prob
able which is very disquieting. The
opponents of the amendment are as
suming a much bolder tone. and calling
upon their brethren to come back into
camp. Senator Aldrich counts up 4
majority of 40 against the Presidents
amendment
The friends of the amendment are
not behind in their claims They say
that if they get 20 Republican votes
they are certain of 16 Democrats, which
Will give them two majority, since there
is vacancy from Delaware and Ser
ator Burton is permanently absent.
The feeling is strong, however. that
the amendment is doomed to defeat
and the Hepburn bill also, unless 1t has
The National tribune., 1906-04-12
MEN AND THINGS
SAW IN
Civil War Days.
By GEN. JAS. r. RUSHING.
SENT, POSTPAID, FOR 81.

Publications of selections from this
book in The National Tribune have
awakened a strong interest in it among
our readers. Gen. Rushing had un-
usual opportunities for meeting and
thoroughly studying a number of the
prominent Generals of the war. and he
has set forth his conclusions with great
fairness, perspicacity. clearness and
force. His presentation is invaluable.
as coming from a man who actually
saw and lived with them.
The National Tribune has secured n
limited number of copies-all that was
left of the edition-and now offers them
to its readers. The book is a handsome
volume of All large pages, well printed
and illustrated on good. heavy paper,
strongly bound. and with gilt top.
Sent to any address in United States
or Canada. postpaid, on receipt of 81.
Address
THE NATIONAL TRIBUNE.
Washington, D. c. ;
The National tribune., 1906-04-12
ANDREW CARNEGIE.
He Says That AbsolutIsm without Ap-
peal Has Worked Well fn Great Brit
ain and Canada.

The opinions of Andrew Carnegie, the
great philanthropist. are of particular
value on this railroad question, because
of his extensive business experience, and
because that now. having retired, he
can take broad judicial view of the
matter. In recent publication he says:
MY reply to the inquiry of the Post
assumed that perfect rate bill could
not be obtained at present. When Sem
ator Spooner seems TO consider ii doubt
ful whether Congress can lawfully
make conclusive any rate made by a
Commission, and Senator Foraker
seems convinced that II cannot, a bill
going as far as practicable, involving
some concessions, seemed highly prob
able, especially as to the right of appeal
TO the courts.
There is, as far as can see. little
difficulty in recognizing the bill that
is desirable. the best bill. 1t is that
which, / think, Senator Lodge suggest
ed-that is, providing for a permanent
Commission partaking somewhat of the
status of the Supreme Court its MEM
bers appointed by the President with
The National tribune., 1906-04-12
Objections to Appeaf.

Seniors Bacon and Dolliver assure
us that in the new bill the Government,
and not the shipper, will defend an ap-
peal If taken. If to this be added that
a decision made shall go into imme-
diate effect until reversed, the chief
objections to the appeal will be re-
moved, except that the tribunal will
fail to command the respect and con-
fidence it otherwise would if it were
the court of last resort.
Britain has just such tribunal as
is suggested by Senator Lodge. in her
Board of Trade, so far as railways are
controlled. The staff is permanent, but
the head changes with the Administra-
ton, being a Cabinet Minister. There
is no appeal from Board of Trade de-
cisions. Canada has Commission of
three men of the highest standing. con-
The National tribune., 1906-04-12
The Democratic Position.

The Democrats are very much divid-
ed over the question of no suspension
of the rate. Senator Bailey will make
a speech this week, replying to Sena-
tors Knox and Spooner. and will insist
upon incorporation of a no-suspension
clause. Democrats do not believe, how
ever, that it will be possible TO adopt
that clause, and it is thought that after
registering their votes they will take
the proposition of the majority for a
broad review.
The National tribune., 1906-04-12

The Presidents Amendment Mouthpiece
trolling her railroad rates; 10-year ten
ure of Office, removable only by vote of
Parliament. An appeal lies not to the
courts, but to the Governor In council.
This Commission has proved satisfac-
tory to both railroads and people. l
infer, therefore, that few appeals, if
any, are made.
1.-The choice to-day seems TO be be-
tween passing a satisfactory bill. such
as that just referred to- that will rem
edy admitted evils, and let the consti-
tutionality of the law be decided in due
course by the Supreme Court, or. COM
promising upon a less satisfactory bill
giving unrestricted right of appeal from
the Commission to the courts, thus
avoiding the constitutional question.
Relics Upon Public Opinion.
"If l should get the former l should
prefer it. If I could not, should ac-
cept the inferior bill, feeling that ex-
perience would soon lead to its amend
ment. Once started upon the path of
efficient Government control over rail-
way rates once made and published,
never interfering in the making of
them. public opinion may be trusted to
obtain the best legislation to give us
what Canada has been able to secure,
VIZ, satisfactory controi OF railroad
rates.
Protects Small shipper.
Mr.. Carnegie further expresses his
belief that Congress can deny the right
of appeal in any case. He knows that
the Federal Courts only take jurisdic-
ton in cases involving $4,000 or more
and State courts have graduated ap-
peals. He does not know that large
shippers are yet receiving rebates in
violation of the laws, but judges that
this is the case from the number of ap-
peals made TO the Interstate Commerce
Commission. The great evil is rebates.
If all parties paid higher rates it would
be much less of an evil than if some
paid higher than others. The small
shipper not being required TO defend an
The National tribune., 1906-04-12

a more liberal provision for court re-
view.
The discussion of the court review
has been prolonged until there is no
longer hope of vote being taken
April Is. 1t looks now as if this may
be postponed a full month.
The National tribune., 1906-04-12

Who Likes the Hepburn Bill as 1t Is.
appeal is splendid provision. 1t will
be the duty of the Government TO sup
port the Commission. He Is sure that
the Senate, which is magnificent body,
will do the right thing.
The National tribune., 1906-04-12

consent Of the Senate, salary respect
able. tenure of life Or very long term
of Office, the verdict of the tribunal to
he final
The National tribune., 1906-04-12
THE PROSPECTS.

General Opinion That the President's
Amendment Is Doomed, and Tint
There Must be More Liberal Court
Review.
Never in the history of the Senate has
there been such a confusion of lines.
In the House party lines were aban
doned, and the bill passed with only
seven votes against it. By voting to
have Tillman present the bill, the Re-
The National tribune., 1906-04-12
"Just and Reasonable,

"All charges made for any service
rendered or to be rendered in the trans
portation of passengers or property as
aforesaid, or in connection Herewith,
shall be just and reasonable: and every
unjust and unreasonable charge for
such service or any part thereof is pro-
hibited and declared to be unlawful" 4"
Sec. 2. That section 6 of said act, as
amended March 2. 1889, be amended
so as to read as follows:
Sec. s. That every common carrier
subject TO the provisions of this act
shall print and keep open to public in
spection schedules showing the rates.
fares and charges for the transporta-
ton of passengers and property which
any such common carrier has esta b.
lished and which are in force at the
time upon its route. The schedules
printed as aforesaid by any such COM
mon carrier shall plainly state the
places between which property and
passengers will be carried, and shall
contain the classification of freight in
force, and shall also state separately
the terminal charges, icing charges, and
all other charges which the Commits
sion may require, and any rules or regu-
lations which in any wise change, affect
or determine any part of the aggregate
of such aforesaid rates. fares and
charges. Such schedules shall be plain
ly printed in large type. and copies for
the use of the public shall be posted i'm
two public and conspicuous places in
every depot, station or office of such
carrier where passengers or freight,
respectively, are received for transport
tation, in such form that they shall be
The National tribune., 1906-04-12
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The National tribune., 1906-04-12
The HEPBURN BILL.
The Text of the Bill as 1t Passed
the House and is Now Before
the Senate.

AN ACT to amend an act entitled "An
act to regulate commerce." approved
Feb. 4, 1887, and all acts amenda-
tory thereof, and to enlarge the pow
ers of the Interstate Commerce Com
mission.
Be 1t enacted by the Senate and
House of Representatives of the United
States of America in Congress assem-
bled, That section l of an act entitled
AN act to regulate commerce." ap-
proved Feb. 4, 1887, be amended so as
to read as follows:
Sec. 1. That the provisions of this
act shall apply to any common carrier
or carriers engaged in the transporta-
ton of passengers or property wholly
by railroad (or partly by railroad and
partly by water when both are used
under common control, management
or arrangement for a continuous car
riage or shipmenD, from one State or
Territory of the United States, or the
District of Columbia, to any other State
or Territory of the United States or the
District of Columbia or from one place
in Territory to another place In the
same Territory. or from any place in
the United States TO an adjacent for
eign country, or from any place in the
United States through foreign coun-
try TO any other place In the United
states, and also to the transportation
in like manner of property shipped
from any place in the United States to
foreign country and carried from
such place to a port of transshipment,
or shipped from a foreign country to
any place in the United States and car
ried to such place from port of entry
either in the United States or an ad-
jacent foreign country: Provided. how
ever, That the provisions of this act
shall not apply to the transportation
of passengers or property, or to the re-
ceiving, delivering, storage or handling
of property wholly within one State and
not shipped to or from a foreign coun-
try from or to any State or Territory
as aforesaid.
The National tribune., 1906-04-12
"RaiirOad.o

'The term railroad as used in this
act, shall include all bridges and ferries
used or operated in connection with
any railroad, and also all the road in
use by any corporation operating a
railroad. whether owned or operated
under contract. agreement or lease,
and shall also include all switches,
spurs, tracks and terminal facilities of
every kind used or necessary in the
transportation of the persons or prop
erty designated herein. and also all
freight depots, yards and grounds used
or necessary in the transportation or
delivery of any of said property; and
the term transportation shall include
cars and other vehicles and all instru-
mentalities and facilities of shipment
or carriage. irrespective of ownership
or Of any contract, express or implied.
for the use thereof and all services in
connection with the receipt delivery,
elevation and transfer in transit. ven-
tilation. refrigeration or icing. storage,
and handling of property transported
and ii shall be the duty of every carrier
subjedt TO the provisions of this act to
provide and furnish such transporta-
ton upon reasonable request therefor.
and to establish through routes and
just and reasonable rates applicable
thereto
The National tribune., 1906-04-12
Making Rates.

Sec. 4. That section 10 of said act be
amended SO as to read as follows:
SEC. Is. That the Commission is
authorized and empowered, and il
shall be its duty, whenever, after full
hearing upon complaint made as pro-
vided in section 13 of this act, or upon
of any common carrier, IL
shall be of the opinion that any of the
rates, or charges whatsoever demand
ed. charged, or collected by any COM
mon carrier or carriers, subject to the
provisions of this act, for the trans
The National tribune., 1906-04-12

"Any carrier any officer, representa-
tive, or agent of carrier. or any re-
ceiver. trustee. lessee, or agent of eth
er of them. who knowingly fails or
neglects to obey any order made under
the provisions of section Is of this act,
shall forfeit to the United States the
sum of $1,000 for each offense. Every
distinct violation shall be a separate
offense. and in case of a continuing
violation each day shall be deemed a
separate offense.
The forfeiture provided for in this
act shall be payable into the Treasury
of the United States. and shall be re-
coverable in civil suit In the name of
the United States, brought In the dis
trict where the carrier has its principal
operating Office. or in any district
The National tribune., 1906-04-12
Serving Process by Mail.

Every order of the Commission shall
be forthwith served by mailing to any
one of the principal officers or agents
of the carrier at his usual place of
business a copy thereof; and the reg
istry mail receipt shall be prima facie
evidence of the receipt OF such order
by the carrier in due course of mail
THE Commission shall be authorized
to suspend or modify its orders upon
such notice and in such manner as it
shall deem proper. and the orders Of
the Commission shall take effect at the
end of 80 days after notice thereof to
the carriers directed to obey the same,
unless such orders shall have been sus-
pended or modified by the Commission
or suspended or set aside by the order
or decree of court of competent juris-
diction: Provided. however. That the
Commission. for good cause shown,
may extend the time in which such
order shall take effect.
ut shall be the duty OF every COM
mon carrier, its agents and employees
to observe and comply with such or
ders so long as the same shall remain
in effect.
The National tribune., 1906-04-12

1.-THE remainder of the section pro-
vides for the administration of Oaths;
that the Commission may present forms
of all accounts. ETC.; that it shall at all
times have access to these accounts.
records. ETC.; that it shall be unlawful
for carriers to keep other accounts or
records; that in case of failure or re-
fusal to keep such records such carrier,