Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-01-17
IN THE SENATE.
Continued from Page One.)
a matter for legislation but rather for
iu6jcial determination.

a matter for legislation but rather for
judicial determination.
Foraker also took the view that such
action was necessary Judicial func-
ton and said that courts fixing such
rates should have authority to enJoln
greater rates than those fixed by them.
Spooner defined the present status
to be in accordance with decisions OF
the supreme court, that the courts had
the right to determine what rate was
reasonable in designated cases, bu+
that the fixing of rates for the future
was necessarily not Judlcal junction.
Fulton and Bailey engaged in Il col
loQuy over the question OF rates, the
former contending for the right OF the
courts to determine what was reason
able rate and the latter inclining to
the opinion that courts could only de-
termine that certain cases We're I'M
reasonable Fulton cOntended that the
determination of the one point included
the other. but Bailey quoted decisions
to show that where courts had found
rates to be confiscatory they had fail
ed to attempt to fix a rate.
Foraker expressed the opinion that
Fulton was correct in his position.
Fulton then returned to his arsu-
ment in support of the proposition
that the courts may fix reasonable
rates and argued that the preponder-
ance of presidents was favorable to
that position.
Fulton argued that there was no
more exercise Of legislative power in
fixing a reasonable rate than in de-
termning an unreasonable rate.
When Fulton concluded. Daniel call
ed up the bill providing for the con-
struc;ion of a memorial bridge across
the Potomac river at Washington. He
said that the bill appropriated $780,
600 for beginning the work and that
he could not say what the entire ex-
pcnse would be.
template a purely ornamental struc-
ture, but that the bridge would be of
great utility. The bill was passed.
The Merchant Marine bill was then
laid before the Senate and Gallinger
urged upon the Senate the importance
of giving attention to this subject be-
fore other matters came up for con-
sideration.
Scott spoke in support OF the bill.
He expressed the opinion that the ship
ping industry should be protected as
other industries are and he predicted
that if this course should be resorted
to the result would be very advan-
tageous. He commended that the stimu-
lation of this interest would have the
effect of benefitting other industries
and said there also would be a vast
advantage in the matter of the de-
tense of the country in having an in
CT eased number Of trained sailors The
bill was then laid aside.
The pure food bill was taken up and
number of committee amendments
We're agreed to-
Lodge offered an amendment rcla-
tive to the packing of goods for ship
ment and permitting the external ap-
plication of preservatives which are re-
moved by Il mere calorific process.
The amendment WAS not accepted.
Hepburn gave notice that after the
conclusion of the routine morning
business tomorrow he would ask the
Senate to fix day for taking a vote
on the bill.
At 400 P. NJ. the Senate went into
executive session and at 40 adjourn
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