Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-02-05


penditure of s6o,o0o for county improve
nents from the sale of town lots at Law
ton, l. I. 500 -'r ~ tsf-s- 77"'1'
Mr.. Littlefeld Against the Bill.
An hour to oppose the railroad rate bill
was, yielded to Mr.. Littfeffefi 1Me.E
3 Mr.. Littleield believed the pictures of
distress on the rate question were entirely
too lurid. The railroads. undoubtedly. had
made mistakes, but conditions were not in
toerable. On the other hand. he said. the
Interstate commerce commission had made
many blunders. The proposed legislation,
me believed, went too far, and he should
vote against 1t. He had been willing to
30 as far as the President had recon-
mended in 1904 and 1905. Not a member
of the House, he maintained could say
what is a reasonable rate. There Is not
b single case IN any court record or any
rule which reasonable rate could be
defined. This was one of the great. tremen-
dous difficulties the bill presented and in
dictated the vast and arbitrary power that
was to be vested in a political tribunal.
in the zeal with which both political par
Ties running legislative race they
had gone far beyond the Presidents de-
sires.
First the bill, In his opinion. confers
upon the commission the power TO originate
rates: second, the bill provides no court
of review, a presidential recommendation
twice made necessary as conservative
and wise restriction. third. and most i'm
portant of all. the bill puts into the hands
of the commission the power to say
whether or not II shall eliminate the pref
erential rate that exists from one end of
the land to the other and is intermningled
with all business.
remedy for nine-tenths of the rate
evils. he said. now exists in all courts,
both under present law and the common
law. Under the proposed bill a curious
and homogeneous condition proposed.
When the commission determined whether
rate was reasonable It was acting in
judicial capacity; when it prescribed
rate for the future 1t would be legislat-
ing and when # administered this finding
st acted in executive capacity. This
was combination of the three functions of
ACKNOWLEDGEMENTS. legislative and jul
dicial-in one single body.
Mr. Lttefeld colated judicial decisions
TO support his contention that in giving
the commission all these powers the courts
could have absolutely no power of review
OF any action of the commission, which
might be just a shade under or less than
conhscaton of property.
number of senators listened to Mr..
Gittlefield's argument. including Senator'S
Foraker Perkins, Willard, Kean Buckley,
Rayner. Piles, Scott Gaiinger and Alice.
Alleged Incapacity Demonstrated.
He would" he said. demonstrate on
their own record the utter inoapacity of
the interstate commerce commission to ad-
minister rates. land 1 will COVE them
that square deal that we hear talked of
10 much and see so little practiced"
Qaughter). Out of twenty-four decisions
regarding unjust Determinations the COM
mission had been sustained only in eight
of Its rulings by the courts.
This showed II had been wrong just two
thirds OF the time. II also showed the
difference between judges of courts ap-
pointed for life and men appointed by the
executive who could be removed at any
time. For one he would not accept the
Invitation 10 turn over the vast business
of this country to a political commission
The new commission was to consist of
seven members. not more than four of
whom shall be of the same political party
The bill made four quorum. This made
u possible for President to remove three
members and leave the whole great
power in the hands of three men-a ma
5ority of the four This quorum could be
or any political belief which happened to
predominate at any future time. II would
be then that this dangerous power would
rise up and curse its makers.
Hearty applause was accorded Mr.. Lit
tleheld on his conclusion and 1t was some
time before order was restored. that Mr.
Stevens CMinnl, the next speaker, could
begin.
Mr.. Stevens Supports the Bill.
The huge and awful things which had
been depicted, Mr.. Stevens said, would
not result from the enforcement Of the
legislation. The committee which con-
sidered the bill were unanimous that II
would not work hardship.
On the other hand there was every in
dicatton by the popular demand for relief
that conditions now are not satisfactory.
Rebates and determinations had built up
q rich and powerful class. but 1T had also
discouraged and oppressed the great body
OF shippers who did not get these advan-
tages. There was, he said, no desire or in
tention to discourage investment in rail-
roads, the need for which was never
greater than now. He took Issue with Mr..
Littleheld's assertion that the courts could
mi n n W hRn VnS
tory.
The bill. he said. abridged no rights of
railroads to get into court, either on the
question of its constitutional rights or on
the ground that the commission had ex-
ceeded its delegated power to fix a reason
able rate