Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-04-07
IE SAYS IT DOES NOT GO FAR ENOUGH
Proposes Amendments Prohibiting Carriers
from Dealing in Commodities.
AMPLE AND KEM ALSO SPEAK
Former FavOn the Bill and the Latter is
Against II.
'tORlcH AGAIN BLOCKS PROGRESS
MIR. TiIIman says Debate VIII End
in Week, but Rhode Island
senator objects to Fixing
Time for Vote.

WASHINGTON April Sin making an
effort today to get the senate to agree upon
a date for taking vote ON the railroad rate
bill, Mr.. Tillman made the important state
ment that one week more probably would
exhaust the general debate on the measure.
He failed, however, TO secure the consent
Of Mr.. Aldrch, who said that he would
not be willing TO vote on the bill until Il
was more nearly perfected than IL now S.
During the day there were three speeches
on the rate bill. The first Of these was
made by Mr. Elkns, who, while expressing
the opinion that the situations demands
legislation, pointed out many alleged de-
fects in the pending bill. Mr.. Gamble fol-
lowed I'm support of the bill and Mr. Kean
closed in opposition.
Mr.. ESins was frequently interrupted and
several spirited coloquies marked the
progress of his remarks. No senator being
prepared to speak. the senate adjourned
until tomorrow.
Speech by Mr.. EIkins.
The routine business occupied the senate
a very few minutes. after which Mr.. Elklns
took the floor
Mr. Elkins announced at the outset his
desire to secure legislation that would
secure TO the people "a prompt and ade-
quate remedy for the evils, injustices, abuses
and wrongs of every kind practced by rail-
roads, or in any way growing out Of their
operation" but he said that while he
favors the pending bill he wanted to make
it better and stronger" He said that he
was in hearty accord with the president
on the subject OF railroad rate legislation
and indicated the respects in which.
according to his opinion, the bill falls short
in accomplishing all that should be accom-
plished by railroad legislation. Among
these were the following; prohibition
against railroads producing. selling or
shipping their own coal and other like
articles in competition with other owners.
requirement that switches shall be built.
where needed to ACCOMMODATE business: a
requirement compelling interstate roads to
make connections with connecting lines and
a requirement for the fair and Just distri-
button OF cars among sliippers,
He expressed the conviction that there
should be a definite provision in the bill
| denying the power TO a commission 10 fix
rates between localities on divergent lines"
After considering the question of court
review at some length, Mr.. Elkins an
nounced his conclusion in the following
| language:
First, that any legislation attempting to
confer upon the Interstate Commerce COM
| mission the power to fix rates will be un-
| constitutional unless II prescrtbes the
| standard of charges which shall control
| and requires the commission to conform
thereto in fixing rates.
| Second, that any legislation attempting TO
fix rates would be unconstitutional. whose
| practical effect is to deny to common car
riers the right to invoke and obtain, In due
| time, the protection of the courts from
being compelled to transport persons or
property at rates which violate the car
! riers constitutional rights.
| Ia pending
a clear delegation of congressional
power to fix rates, and added: 1T would
seem, therefore necessarily to follow that
| the provisions Of the bIn conferring rate
| fixing power upon the commission are un-
constitutional"
Says Carrier Has No Relief.
Mr. Elkins entered upon long argument
to show that no procedure is possible under
the bill whereby the carrier may initiate
any proceeding in which It can obtain
adequate relief against an order of the
commission.
There was a general discussion of the
! West Virginia senator's amendment was
auiring a proper distribution of the cars
OF any given company. all agreeing that
such an amendment would be difiicult Of
enactment Nj Tillman among the
senators who participated in this contro-
versy. During its progress Mr.. EllSins re-
ferred TO the pending bill as Mr.. Ttllman'H
bill
Mr.. Tiliman earnestly disavowed respon-
| sibility for the measure and Mr.. Elkins
responded, "you have got It fastened on
you with all the disgrace attending It,"
''I repudiate the intimation that there is
any disgrace attaching TO an EFFORT to Sc
cure a reasonable rate BILL" responded Mr..
TiIman and after he had enlarged some
what upon his attitude. Mr.. Elkins replied
that Mr.. Tillman had an undue idea Of his
responsibility TO the public. He said that
| his antagonist acted as II he thought he
carried he people In his vest pocket and
must take them out every morning 20
assure them Of his continued protection.
'Oh," responded Mr.. Tillman, II hope
the senator is not disgruntled because soma
petitions have been sent me from his state
concerning railroad conditions there?''
Mr. Elkns declared that he was not in
the least troubled over the matter of the
petitions. but added that he did feel dis
posed to protest against Mr.. Tillmans at
titude as the only friend OF the people. He
wanted II understood that he too was a
friend Of the people.
Mr.. Elkins took occasion to say that
he had meant merely as jest his remark
OF an hour before TO the effect that the
handling OF the rate bill was a disgrace
TO any one.
Il accept the apology" said Mr.. Till
man.
Gamble speaks for BIZ.
When Mr. Ellzins had concluded Mr. Gam
BILE Is D. spoke I'm favor OF the bill. Mr.
Gamble predicted that a failure 10 legislate
would result in government ownership OF
the railroads.
Mr.. Kean also spoke on the rate bill, de-
clarinE that congress should not exceed the
authority granted by the constitution Ia
dealing with the question OF commerce be-
tween the states. He declared that the
pending bill transcends this authority IN
that II provides for the regulation OF COM
merce by the Interstate Commerce commits
sion. Congress prescribes nothing, orders
nothing" he said. 1T delegates It's own au-
thority. and tEis is not authorized the