The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-03-16

ness VI HoileSly OI purpose, and VIII
shall seek to belittle the question or xii
the bill by subterfuge and deception.
The bill as it came from the nous.
Mr. Tfllman characterized as IooseI-
worded and capable Of different inter
pretatlons. In thus commenting uDoi
the house bill, Mr.. Tillman said he ca
claim TO give expression to no opinio
except his own. The object sought. r
added, best can be outlined i'm the Ian
guage of the president in his last an
nua1 message to congress and from tni
the senator quoted extensively.
Section Fifteen important.
After enumerating the essentia
changes from the existing laws regll
lating interstate commerce, he state,
that the most important is found /.
section 10, in which power is sought I
be vested I'm the interstate commerc
commission, after full hearing upon
complaint made to determine and pre-
scribe what will In its Judgment
deemed just and reasonable and faill
remuneratiye rates." TO
thereafter observed in such cases as tn
maximum TO be charged and ito MAX
an order that the same shall go int
effect and remain in force for thTes
years, which order shall go into effeC
thirty days after notice to the carrie
by the carrier, unless the same shall
suspended or nullified or set aside b.
the commission. or be suspended or SO
aside by court of competent jurisdic
ton
Concerning this section, Mr.. Tnlma,
said:
Around the first provision the mos
earnest and exciting contention ha
arisen, and there is great deal of Of
ference Of opinion as to the scope
this clause and the executive powers
the commission under it. Whateve
may be the results of this discussio
in the senate if the bill becomes a la
the final determination of the questio
at issue must be made by the suprem
court. There is even greater SoIicitud
upon the question of judicial review"
Rests With Congress.
Friends of the railroads contend. sal,
Mr.. Tillman, that congress canno
limit the jurisdiction of the circui
court; while, on the other hand. h,
added, 1t is asserted with equal en-
phasis that the power to create al
courts, other than the supreme court
rests alone in congress, and that sucf
courts. being statutory. are necessarily
limited in their scope and power by the
authority which created them. He con
tinued:
Il myself incline confidently to this
view and have not the slightest doubt
that it is possible properly to amend
this bill so as to prohibit the circuit
courts from interfering with the orders
Of the interstate commerce commission
by any interlocutory order. This Ques-
ton also must be determined by the
supreme court should the proposed law
be enacted The senate must determine
by its vote what shall be its attitude
upon the questions of court review and
introductory suspensions. The whole
question at issue as to giving relief to
the producing interests of the country
revolves around this feature of the bill
If any decision of the supreme court
shall declare that congress is power
less to grant speedy relief through a
commission, it needs no prophet to tell
that an outburst Of surprise and indig-
nation will sweep over the country"
Commenting on the gross earnings
and the net earnings of railroad prop
critics, Mr.. Tillman said that once a
year every dollar in the United States
passes through the hands of the rail
roads and every three years becomes a
part of their net earnings. He asked
If it is any wonder that the railroads
have the most brilliant legal minds at
their command to conduct legislation
and asserted that the struggle is be-
tween them and money; citizenship and
capital.
Summing Up.
He discussed at length the building
of great fortunes and the maintenance
Of great properties. Summing I'D the
situation, he said:
cit is impossible to deny that this
great accumulation of wealth In the
hands of the few is such a menace to
liberty that the honest patriot stands
appalled, by he outlook"
After commenting at length upon
what he declared to be the existing
system of Juggling with railroad prop
critics or the robbery of the masses,
Mr.. Tillman stated that this phase of
the subject brings into great promi-
hence and importance "the relation to
congress of the increase in capitaliza-
ton; whether it is the purpose of con-
gress to compel the business indus
tries to pay dividends not upon the
real value Of these properties. but upon
the fictitious value which has been
sought to be placed upon them by the
increased capitalization
Concerning the application of the bill
to this subject, he said:
lnere Is q dangerous provision IN this
bill which, in my Judgment, ought TO be
stricken out, and that 1t is in section
IA, where the interstate commerce
commission is told to determine and
prescribe what will, in its judgment.
be the just and reasonable and fairly
remunerat tive rate The last words are
too elastic and ambiguous, and can be
construed to mean too much that
would be harmful. Fairly remunera-
tive rate on what2 The actual yaIue
or the fictitious value of the prop
erties?"
Too Much Watered Stock.
Mr.. Tillman declared there can be no
justice in compelling the people to paw
dividends on watered stock primarily
to increase the fortunes of men al
ready too rich He contended that the
poor dupes who have been led to In
vest their savings in such stocks can
hotter afford IN lose those oar1frgc