The Birmingham age-herald., 1906-03-01
MIR, FORAKER TALKS AGAINST TIE BILL Thinks the Hepburn Measure
 is Too Drastic GIVEN CLOSE ATTENTION Contends That the. Existing Elkins Law Is Sufficient Remedy for Evils
 If It's Provisions Are
 Enforced.

Washington, February 2s.-For three hours lacking few minutes today MT. Foraker held the attention of the Senate while he read carefully prepared speech on the railroad rate question. His speech was a protest against any general leg isation on the theory that the existing Elkins' law could be so extended as to make it answer all the requirements. He did not fail, however, to point out what he considered the defects of the Hep Deliver bill and he made the de- elaration more than once that 1t would fail to remedy the evils complained of. The speech was listened to by large at tendance, both on the floor of the Senate and in the galleries, and at it's close the Senator was warmly congratulated by a number of his colleagues.
 MT. Foraker's speech was followed by a further discussion of the railroad land grant in Indian Territory, with the re- suit that MT. Aldrichs resolution ex- tending the tribal government of the h. dians was adopted, after it was so modi- fled to carry that government over March A. 1907.
 Comedies That Evil Exists.
 Mir. Foraker conceded that some evils exist in connection with the railroads, but urged that all of them could be more effectively met by amending the Elkins law than by passing the pending bill. He his regret at differing from the President, but said he could not see his way clear to pursue any other course.
 He gave a general review of the history of the railroad development of the country and passed to the evils of the systems which he said are necessarily incident 10 the upbuilding of so vast an interest. Ills attitude towards the pending railroad rate bin was correctly outlined in his first par agraph in which he said of the bill, Tt is so contrary to the spirit of our institu- tions and of such drastic and revolution airy character, that if not in its imme- diate effect, at least as a precedent, the consequences are likely to be most un- usual and far-reaching."
 He discussed the railroad evils as of three closses, excessive rates, rebates and determinations.
 He found little to complain of under the first heading, but said there are some instances of charges that are too high and he thought prompt and effective remedy should be provided.
 heDdL6S 0CTiOuS ENiis
 A more serious evil he found in rebates, and he traced the present extensive rail road consultations to the fact that the supreme court decisions against pooling had left the roads without protection from the rebate system, except to resort to some general understanding Referring to the Ellxlns law, he said, There has been no serious attempt to enforce 1t to prevent dscriminations as to localities, but glance at it's provisions will suff1ce to show that it is as broad, direct, ex- plicit and efficient to remedy that Kind of an evil, wherever 1t may exist, as Ii has been found to be as to personal dis criminations. That the law has not been tested in this respect is not due to any fault of the law, but because no one has seen fit to invoke 1t.
 ."The fault" he added, lis not with the existing law, but with the officials who have not enforced it."s
 Announcing his own position, he said
 Believes in Court Plan.
 q believe in the court plan, as contra distinguished from the rate-making plan not alone because it is much simpler much more expedtious; much more ef ficient and without expenses to the ship per. but because, in addition to all that it avoids all legal and constitutional ques- tiOnS, while the fate HiahiHs pi"h eo eS' forth in this bill encountered a number of such questions that are of the most serious character and some of them, Tn my judgment, fatal
 Regarding the right of Congress lo make rates he declared:
 "The supreme court has never yet pass ed on that question and there are many eminent lawyers, who are of the opinion that the court will hold when 1t does decide the question that Congress does not have that power.
 'Their reasoning" he said seems to me to be sound and the effect of 1t abso- lutely fatal to this entire scheme of leg islation.'
 He was confirmed in this view, he said by the opinion of the court in the North ern Securities case He believed that a remark made in reaching the conclusion in that case leaves the question open He conceded that the different states have the power of rate fixing. But" he said .the eases are wholly different"
 Manifestly it is utterly impossible for Congress by statute to fix all the rates for interstate commerce. It must resort to some plan under which it can avail itself of the help of some kind of board commission, tribunal or agency. But when if undertakes to do this, 1t must take heed lest 1t undertake to do it in such A way as to delegate legislative author ity and thus make it's effort unconsti- tutlonal and unavailing, for it will De conceded that 1t is unconstitutional foi Congress to delegate legislative power.
 Not Presented to Court.