The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-03-13

Senator Culberson Reads a Section of
His Bill and Foraker at Once
Joins Issue.
KNOX MAKES A GOOD POINT
TILLMAN'S REPLY TO PRESI-
DENTS MESSAGE.

today addressed the senate in reply to
President Roosevelt's message, con-
corning the Tillman-GiIIespie resolu-
ton instructing the interstate COM
merce commission to make examina-
ton of railroad discriminate ton I'm the
matter Of hauling coal and oil. The
message. which condemned the reso-
luton on the ground that it's purpose
was not specified, was sent to the
desk by Mr.. Tillman and was reread.
Mr.. Tillman thought the resolution
sufficiently specific and the presidents
criticism thereof uncalled for.
Senator Lodge replied in support of
the president. He thought that the
resolution, however, imposed a task on
the commission-a task that would tax
the census bureau.
Loosely Drawn.
Senator Foraker said on examina-
ton that the resolution had been
loosely drawn.
Mr.. SpOoner thought the resolution
defective in that it did not give the
commission authority to send for wit
nesses and administer oaths in con-
nectiOn with the new investigation it
has been requested to make. and
which is one in addition to the duties
imposed by the interstate commerce
act
Would it not be a redundancy and
idiocy to give authority to send for
persons and papers when il already
had that authority" asked Mr.. Till
man.
IF the senator had studied the law
as he should have done, he would not
ask that question" retorted Mr..
Spconer.
Railroad Rate Bill.
The debate was interrupted at
o'clock, when Mr.. CulbersOn was rec
ognized to speak on the railroad rate
bill. He read a section of his bill to
create emergency powers for the inter-
state commerce commission which he
will offer as a substitute for the pend
ing measure.
Mr.. Foraker took issue with Mr.
CulbersOn when he declared congress
itself had construed the commerce
clause to give it power to fix rates I'm
granting a federal charter to the I'm
ion Pacific railway. In that act it re-
served this power, and it acted under
the commerce clause I'm that legisla-
ton. This. Mr.. Foraker commended
should not be so held. Congress was
acting under its authority to estab-
lish post roads and provides for the
national defense rather than under the
commerce clause and I'm fixing rates
was exercising a proprietary power
Mr.. CulbeTson answered that con-
gress could exercise no other than it's
legislative power.
Mr. Knox called attention to the
fact that states recognized this power
i'm forbearing to fix any rates outside
their borders. for which point Mr.. CuI-
berson expressed his thanks.
A Legislative Function.
Later Mr. Culberson declared that
rate making was legislative and not
a judicial function.
The right Of judicial review Of an
order of the commission already ex-
lists and inherits from the constitution,
said Mr.. Culberson- To incorporate 1t
i'm the pending bill. ne declared, would
be but to recognize a constitutional
right but would answer no purpose
that had not already been met. He
opposed the use of the term fairly
remunerative' in the different bills.
and also Justly compensatory" and
said both raised a new standard not
recognized in common law. He adj
vocated instead the term lust and
reasonable"
Mr.. CuIberson said that conditions
had changed: that competition had
been destroyed by merger, combina-
ton and traffic arrangements, and the
interests of the country demand that
these railroad corporations restore to
the public what justly belongs to it.
Bills Passed.
The railroad rate bill was then tenn
Dcrarily laid aside.
Bills were passed as follows:
To amend section A. 400 of the revised
statutes. relating to the inspection of
steam vessels.
Increasing to $4,000 the annual ap-
preparation for agricultural expert
ment stations
Extending the public land laws to
certain lands i'm Wyoming.
For the removal of the quarantine
station at San Diego, Cal, and to ac-
qUiTe a new site.
At ASS the senate went into execu-
tive session and at 5:05 adjourned.
TO CURE A COLD IN ONE DAY
Take LAXATIVE RROMO Quinine
Tablets. Druggists refund money if 1t
fails to cure. E. w. GROVES sigma.