New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-03-13

"The galleries did not applaud. Mr. President
they only laughed" said Mr.. spooner
Mr.. Bacon took the position that the resolu-
ton was in the nature Of an amendment IN
creasng the powers OF the Interstate Commerce
Commission. and that IL was not necessary 10
include provision for appropriation or to give
the commission increased powers to SEND ior
persons and papers
MR. CULBERsoN ON RATES
At O'Clock, after Messrs. Bacon and Elkins
announced that they should continue the discus
sion at another time Mr.. Cuberson was recos-
nized to speak the Railroad Rate Dill lie
read a section of his bill TO create emergency
powers for the Interstate Commerce Commis-
sion. which he will offer as a substitute Tor the
pending measure.
Discussinr the mower of Congress to regulate
commerce he argued that such power was not
conferred by the general welfare" clause, but
was confined TO the specific provision of the Con-
stitution relating to commerce. On principle
and as an original question Mr. Culberson said
the power to regulate commerce included the
power to fix rates of transportation. because
TRANSFORMATION was commerce, and to fix rates
was only adopting rules
Mr.. Foraker took issue with Mr.. Culoerson
when he declared Congress itself had construed
the commerce clause to give II power 10 NIX
Pacific Railway. Mr. Foraker contended that
Congress was acting under its authority 10 es-
ia blish post roads and provide for the national
defence rather than under the commerce clause.
and in fixing rates was exercising proprietary
power Mr. CuIberson answered that Congress
could exercise no other than it's legislative
power.
Mr. Knox called attention TO the fact that
states recognized this power in for6earing to
fix any rates outside their borders, for which
point Mr.. Culberson expressed his thanks.
He then remarked that what had given him
trouble than all else was the language of
the majority opinion of the Supreme Court in
the Northern Securities case. wherein it had
said:
IF Congress has power to fix such rates-and
upon that question We express no opinion
Mr.. Rayner suggested the court had never
passed on that question.
Mr.. Culberson was reading from the case of
Smith agt- Ames when Mr.. Clay inquired
whether he thought Congress could provide that
a rate fixed by the commission should remain
in effect until an appeal was determined by the
highest court. The Texas Senator said he would
reach that point later. He declared that rate
making was a legislative and not a judicial
function. The right Of judicial review Of an or
der of the commission already existed under the
Constitution. he said TO incorporate it in the
pending bill would be only to recognize q consti-
tutional right, but would answer no purpose that
had not already been met. He opposed the
of the terms fairly remunerative' and Justly
and said both raised a
standard not recognized in common law. He adj
vocated instead the term Just and reasonable"
The Senator contended that conditions had
changed. that competition had been destroyed
by merger. combination and traffic arrange
ments and that the interests Of the country de-
manded that railroad corporations restore to
the public what justly belonged to It. He spoke
for two hours his speech being devoted almost
entirely TO legal arguments. Comments on ex-
tracts from court decisions quoted were made by
Messrs. Foraker, Lodge Hepburn. Fulton and
others following Mr.. Culberson's speech. The
Railroad Rate bill was then temporarily laid
aside and other bills passed.