New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-03-01
RATE BILL ATTACKED.
Mr. FORAKER SPEAKS.
Present Lac Sufficient, if Enforced,
He Holds.
From 7ne Tribune Bureau


man witnessed the beginning OF the most nota-
~. debate OF g great public question in Congress
g. many years. Senator Foraker, OF Ohio,
o,.nsd TIE discussion Of the railroad rate Ques-
,i-n n the presence OF a crowded Senate.
nsrocrsts and Republicans alike paying atten-
zion and the galleries being filed 20 overlooking
nth al audience that sat throughout the four
hours OF lis speech. Senator Foraker opposed
government railroad rate making. Tomorrow
SENATOR Douiver OF Iowa. viii reply TO him and
present arguments IN favor Of the proposed leg
,slaron- Other Senators will follow for and
..nst the bin, even before it takes its place
sc the routine business OF the Senate. Senator
roraker to-day occupied. he expected to
A the extreme position OF an unqualified OPP
rouent Of the bill There all shades Of
.o,inion in the Senate on the question Of amend
Ynents 10 the bill. but Senator Foraker is against
the proposition in its entirety.
Ny. Foraker conceded that some evils exist IN
connection with the railroads. but urged that all
q, ,herl could be more effectively met by amend
az. the EIkins law than by passing the pending
hiu He expressed his regret st differing from
,hs President. but said he could not see his way
CAR 70 pursue any other course. His attitude
toward the pending railroad rate bin was out
unsd n his first paragraph. in which he said:
- 50 contrary 10 the spirit Of our institutions
snd q such drastic and revolutionary character
mat II no: in ;ts immediate effect. at least as
preoedent. the consequences are hkely 10 De
most unusual ana far reaching
Re considered railroad evils Of three classes
excessive rates, rebates and Determinations He
.o,n6 uttIe TO complain Of 1nder the first head
mr. SID there were some instances Of excessive
charges and he thought prompt and effective
r.rredy should be provided
4 more serious evil he found IN rebates and.
referring 10 the Elkins law, he said:
rrbe-a has been no serious attempt 10 enforce
ms law 20 prevent determinations as 10 10
caliues but a glance al its provisions wiz SUI
ice TO show that It is as broad, direct eApnclI
80 sfHcjent 10 remedy that kind OF an evil.
wherever il may exist as IL has Deen Iouho 70
be as 10 personal Determinations Inat ths Jaw
has rot been tested IN this respect Is not oue 10
snv fault OF the law, but because no one has
seen fl 10 invoke it. The fault is not with the
existing law, but with the officials who have
not enforced il
lie pointed out the departure IN empowering
The Interstate Commerce Commission TO decide
what shall be reasonable rates. saying:
= e IN oontravention OF our Constitution to
confer judicial powers upon the legislative de-
partInent or 10 confer legislative powers upon
the Judicial department. or 10 confer either or
these powers upon the executive department
Mr. Foraker also contended that the enact
.nlent OF the proposed law would contravene Sec
ing a preference In favor OF the ports OF one
State over those OF another State He cited the
direrentials allowed IN favor Of Philadelphia and
Baltimore. and Of New-orleans and Galveston.
and said that these dIferentials are essential 10
the diffusion OF the export traffic but that they
conflict with one OF the great purposes OF those
seeking the kind OF legislation proposed. to Sc
cure 10 each locality its own particular rightful
advantages Of location, and thus avoid the pre-
ferring IN the making OF rates OF one locality TO
the prejudice OF another. He added:
Il invest the Interstate Commerce Commits
sion with the power 10 make rates II must e1er-
else that power subject TO this prohibition OF the
Constitution that there shall be no preference
for the ports OF one State over those or another.
The whole system Of diIerentials must in conse-
Qgence be abandoned. Not only would the port
OF Boston be closed up, but all the other ports
would be at least most seriously affected. The
general business that could be taken as well TO
one port another under present conditions
would then concentrate at the most favored port
He declared that little or legislation is
needed and that the Elkins law. slightly amend
&c is sufficient II enforced. He asserted that
the Hepburn bin does not deal with rebates or
prevent carriers from engaging IN other kinds
Of business. and that II does not enforce uniform
classification or deal with discrimination as 10
localities He said the bill mad passed the House
without amendment, because. as the newspapers
while there might be debate. no amendment no
matter how necessary il might appear, should be
allowed. The bill came 10 the Senate, and. so
far as the committee is concerned, there has
been a repetition OF that experience. he said.
Even 10 suggest" he added. that the bill is
filed with unconstitutional provisions or that it
will prove impracticable IN operation is heralded
as species Of treason and dislOyalty. 10 whom
or 70 what nobody knows. The whole proceed
ing is without q precedent in my experience,
and probably IN the history OF the nation. II
We are 70 sbdcate functions and permit
such an imperfect ill-advised and nl-consid-
cred bill 10 become q law, discredit will attach
and Disappointment viii follow. not only to
those who desire such legislation the House
Committee suggested. but 10 all the people"
In closing, Mr. Foraker said:
Il IS nor either easy OF agreeable to differ with
Inc President. He is the head for the time be-
ing, not only OF the nation, but also OF the po-
iilcal party OF which am proud to be a MEM
Der ! believe that the welfare Of the nation Is
most beneicislly affected and promoted by the
supremacy OF Republican policies, and on this
account think every man Who believes in the
IoAcles Of that party should do all IN his power
70 secure harmony Of purpose and unity OF &C
t.o1 among its members with respect TO ma
horal affairs. IN This behalf he should be will
ing 70 make concessions in minor matters. out
Nhen questions arise Of such commanding i'm
poftance as those under consideration, II
IS the duty OF every man who has ar official