Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1906-03-22
PROPOSES RADICAL MEASURES
Amendment to Railroad Bill Would
Send VioIators to Prison
BY Associated Press.


BY Associated Press.
WASHINGTON, March q. - In the
senate today Mr.. Culberson introduced
an amendment to the railroad rate bill
prohibiting railroads from subscribing
to political campaign funds and i'm
posing fine and Imprisonment for its
violation.
Mr.. Daley then took the floor to
present his amendment to the rate bill
but before introducing it said he had
not hoped that the resolution would be
accepted without change. He also
stated that provision had been circu-
lated among the friends of rate legs-
lation on both sides of the chamber.
He had not, he said, given the amend
ment 10 the public and would not now
do so, but for the fact that Mr.. Doliver
had discussed the provision in a pub
| lished interview.
He relieved the Iowa senator from the
imputation of intentional divulgence of
another's private papers, but said he
was confident the criticism had been
made without due consideration. One
ct Mr.. Bailey's amendments authorizes
the parties agrieved by orders of the
interstate commerce commission to take
| the cases into the United States courts,
but IL ohibits the suspension of the
commissions order by interlocutory de-
crees.
DoIIiver Replies
| Replying to Mr. Bailey, Mr.. Dolliver
| disaVoWed any intention to reveal the
secrets of the senate, saying that the
Texas senator's amendment had been
so much talked about in and out of the
| senate that he did not know it was a
confidential matter.
Mr.. Dolliver did not believe it was
necessary that every railroad rate
should be remuneratiVe, but that the
object sought was the preservation of
the integrity of the entire road. He
begged Mr.. Bailey not to saddle the
commission with a duty impossible of
performance. He would not have him
ask the commission to solve problems
incapable of solution.
SO far, Mr.. DolliVer said, no propo-
sition had been presented here that
could not be defended, but there is
q proposition lowering here that can
not lie defended. That proposition is
to create a great commission with
large body of able men and then have
all the problems before the commission
taken to the United States circuit
court for readjustment."
Mr.. Bailey did not consider it i'm
possible for a commission to arrive at
just, reasonable and remunerative
rates.
Mr.. Knox interrupted Mr.. Bailey to
ask him to deal with Mr. Delivers
criticism of senator's who desire to in
troduce a court review provision, and
in doing so called attention to the fact
that the house bill recognizes the right
of the courts to modify DEGREES of the
court.
Both Misunderstood
Mr.. Knox added that the suggestion
that the house bill and the position of
senator's who would amend it are
equally misunderstood. He declared
the real issue to be between 1.-THE house
bill. which gives unrestricted power to
the courts, and amendments like his
own and Mr. Bailey's which provide
only for the restricted jurisdiction of
the courts"
Mr.. Bailey replied by declaring that
he could not add anything to what Mr.
Knox had said on that point, agreeing
with him entirely. He expressed the
opinion that when a man fears to take
his chances in a fair trial he is not
sure of the justice Of the case.
Conceding that the courts must in
evitably deal with the rates fixed by
the commission, Mr.. Daniel asked
whether it was not possible that cases
could not be taken to the courts on
writs of certiorari Mr. Bailey adj
mitted that for expedition this means
bS bFSl, Jul GApItSSeC uOuDI as
to the method of procedure as between
court and a commission.
Mr.. Patterson pointed out the diff
Guilty in the way of all legal proceed
ings, including the delays inseparable
from appeals and like proceedings, and
suggested that all the problems might
be solved by constituting the interstate
commerce commission an interstate
commerce court. Such a change would.
he said, do away with introductory
orders, because appeals could be made
direct to the supreme court While
Mr.. Patterson was speaking Mr. Bailey. |
who still held the floor, left the cham
ber and when the Colorado senator
concluded Mr.. Tillman announced that
Mr.. Bailey had just received news of
the death of his father and could not |
therefore, proceed with the debate.
Mr.. Hepburn then took the floor |
He raised the question whether railroad
service is property in the sense intended
by tine constitutional provision which |
protects property from being taken
without due process of law.
Mr.. Tillman suggested that Mr.. Hev-
burn present an amendment, sayine.
that he for one would be pleased TO |
vote for it.
"Give us something concrete SO that