The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-02-17
COURT s REVIEW
HOLDS UP ACTION
Committeeman Afraid to
Bring Feature to
a Vote.
INCREASE NUMBER
OF COMMISSIONERS
An Amendment Suggested BY
Senator Martin, Providing for
Nine Interstate Commerce
Commissioners In
stead of Five
Adopted.
An Amendment Suggested BY
Senator Martin. Providing for


WASHINGTON. D. C., February 1s--It
is the best opinion at Washington that
the rate regulation bill that will finally
pass both houses Of Congress will pro-
vide that the Interstate Commerce Com
mission, probably Increased to member
inent to the rate bill offered by Senator
Martin this year, as we'll as last, may
have the power to fix all charges of
transportation by railroad and steamship
companies. Coupled with this section of
the bill Will be a provision to the effect
that the order of the commission fixing
the rate may be reviewed by the United
States circuit courts, on application of
the railroad of steamship company
All the fighting will be about that lat
ter provision. Many of the sincerest adj
vocates of the legislation OF the charac-
ter proposed fear that to give the courts
jurisdiction would be to kill the bill in so
far as any real benefits to the shipper
are concerned.
But the bill drawn by Senator Elkins
provides that the case, when taken into
the courts. shall be defended tby the COM
EMISSION. so that, while there may be
delay in enforcing the order of the conf
mission fixing a new rate, the cost of
getting the rate will not be borne by the
shipper II the provision of the bill re-
qulring the carrier company to give bond
to indemnify the shipper for all over
charges on shipments made while the
new rate ordered by the commission
was suspended pending the appeal to the
courts, 1t is hard TO see how he would
be materially injured.
Would Go Too Far.
lawyers OF the House that Con-
gross has nat the power to 60 50 far
AS to fix a rate and compel the roads
TO put 1t into effect. This would be q
mingling of Legislative. judicial and exc
cutive power, 1t is claimed. which the
Supreme Court would decide to be repus
nant to the constitution. The Congress
alone has the power to regulate inter-
state commerce..
But in so regulating It has not the
power to make Il rate which would COM
pei the roads to do business at a loss.
Such a law would be confiscatory, and
the court would hold that 1t was u talk
ing of private property without due pro-
cess of law. This Is the argument of
those who wish to see the court review
provision embodied in the bill. They
think that otherwise there would be dam
ger of having the law, when enacted,
declared unconstitutional by the courts.
The present indications are that the
Congress will enact a law which will
permit the order of the commission fixing
a rate to be reviewed by the courts, upon
the application OF the carrier.
Carmack Thinks He'll Win.
Senator Carmack. who is engaged IN
hn hnffa p{rJ nf bto "a -,
retain his seat in the Senate from Ten
nessee. came back to Washington Fri
day. to be here day or two. 1t Is evil
dent that Tennessee presents an anoma-
lous condition In politics. The person.
! ality OF a Republican President enters
very largely into a. contest between two
Democrats for nomination to the SEN
ate. Senator Carmack has distinguished
himself by reason of his outspoken crit
icism Of President Roosevelt
Ex-Gov. Bob" Taylor who is oppos-
ing Mr.. Carmuck for recollection, argues
in his speeches that the usefulness of
the latter has become so much impaired
by reason of the Presidents dislike OF
him that he should not longer represent
the Volunteer State In the Senate
II have criticised the public acts of
the President In u public manner" said
Mr.. Carmack to-day. THAT had a
fpeElcSl l'Sil W W. diu CIitlClse iIllIn
for eating with Booker Washington.
had right tosdo that. l criticised him
for closing tho postoiilce at Indianola,
Miss. because tho white people there
did not want Minnie Cox, a negress, for
postmaster. I had a right to do that
and I do not regret 1t. want to be
senator from Tennessee. but more than
that do want to be a white man.
The fight is an extremely close one,
but Senator Carmack says that he is
gaining votes all the time. The choice
of candidESes for the Senate is to be
fcontinuad NJ, Second paeeo