The Montgomery advertiser., 1906-04-13
OPPOSES THE
 HEPBURN BILL Foraker Again Speaks
 on Measure. IT IS FAVORED BY LATTIMER Latter Willing to Vote for Amend
 ment, However. Says He Relieves That h It's Present Form There is no Chance for the Passage of the Hill.

ker today took the floor on that meas ure and consumed practically all of the remainder of the days session of the Senate. He spent some time in the discussion of some of the amendments he has suggested to the bill and then entered upon the consideration of the entire question of railroad rates. urg- ing again the unconstitutionaiity of the pending bill from various points or view. He was frequently interrupted by other Senators.
 Mir Lodge spoke briefly in support of the practice of granting lower rates on goods intended for export than on those used in domestic consumption.
 Mir. Culberson presented a concur rent resolution including Senators and members of the House in the bill pre- venting officials of government from prematurely giving out private infor- nation of the government and 1t was adopted.
 The conference report on the bill providing for the settlement of the affairs of the five civilized tribes Of Indians was accepted without further debate by vote of forty-one to elev- en.
 A bill providing for the erection of a statue of General Nathaniel Green on the battlefield of Guilford Court House. N. C.. was passed.
 The Railroad Rate bill was then talk en up and MT. Lattimer addressed the Senate on it.
 At the present time. said MT. Latti- mer, seven corporations control practi- calIy all the railroads of the country and no argument Is necessary to con vince a thinking man that this consol- dation means the elimination of compe- tition and the placing of desotic power in the hands of a few men. At the same time, he declared, the greatest care should be exercised In the fram- ing of law intended to give relief to the people to see that no injustice Is done the railroads.
 After discussing what the character of such measure should be. he said that what is needed is common sense and good Judgment and not mysttfying and confusing distinctions.
 Climax of Consolidation.
 Charging that consolidation or transportation facilities has reached to prevent abuse of railroad power he said he would be glad to see the pending bill pass with an amendment distinctly forbidding any interference by the courts with the work of the commission. Whether a measure or that character would be unconstitution- al he believed would have to be de-
  thought any restriction of any authori- ty of the commission would be to inn pair, It's work and that 1t would be better to pass a law giving final au- thority to the commission and the Su- preme court pass on 1t and then reach the situation by constitutional amend ment or modification of the law if need be.
 Summarizing what he said as to the legislative situation of the pending matter, MT. Lattimer said. T was led to believe, however. from the discus- sions that have taken place here and in the House. that we will be unable to pass the pending bill without providing for a review by the courts. This be- ing true, we should pass the bill in such form as will as nearly as possible ac- compIish the desired end. It is of the highest importance that we should en- act of a law at this session of Congress. The people are demanding immediate relief and not being able to secure the what believe the conditions demand. I shall vote for the pending bill with such amendments as tend to throw safeguard around the work of the com mission"
 If the courts are to have the power to review the findings of the Commis- sion," said MT. Lattimer, T am Tn fla vor of limiting that power by denying them the right to issue interlocutory orders" He closed by saying:
 Delay in the passage of this legisla- tion would. in my judgment, endanger the prospects of its ever becoming law. Another Congress or President might not so truly represent the people on this question. We ought, therefore, to make the best of a favorable op- portunity to place on our statute books a law which Is signally in the interest of a majority of our people ond in line with our plain duty"
 Mir. Foraker Speaks.
 When MT Lattimer concluded, MT. Foraker took the floor for the purpose of urging consideration of his amend ments forbidding rebates and regulat- ing the issuance of passes. MT. Hans brough asked whether the anti-pass amendmt nt would prevent the continu- ance of a custom which has grown up in North Dakota under which the rail- roads carry representative farmers from all parts of the State to the Capital each year for the purpose Of recrea- tion. MT. Foraker replied that the amendment would cover them and added that the fact illustrated the diff fculty of dealing with the question.
 While MT. Foraker was speaking, Mfr TIllman said there are still several speeches to be made on the oiil. He thought the last of those would be de- livered some time next week, and then a day for voting could be agreed upon. He again said he would ask that some time in advance of the final vote be given for the consideration of the bill, section by section.
 MT. Morgan then gave notice that he would make objection to any departure from the rule considering the bill sec ton by section.
 Mir. Foraker took up and discussed his amendment giving compliments the alternative of taking their cases into the courts in preference to the Inter state Commerce Commission. In this he declared the pending bill was not satisfactory to anyone and if not amended 1t would present many constitutional difficulties. These diff- entities were enumerated at length but not so elaborately as on the occasion of his set speech
 These were those as to whether Con gress has the power to fix rates and if 1t has why it Is not delegating it's power to the Interstate Commission.
 He said that he had been convinced that his bill empowering the courts