The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1906-05-23
THE RATE PASSED
PASSED BY SENATE
Foraker, Morgan and Pettus Alone
Opposed the Measure.
DEBATE LASTED FOR 10 DAYS.
Az AlLday Fight in Upper House Over Dele
CATION Of Autho-iiy Of Congress 10 Com.
nission-AD Amendments Voted Down.
Except 0se by Mr. Teller to Strengthen
Coustitutlouahiy Of Measure.

Coustitutlounhty Of Measure.
Washington, d. c., (Special After
70 days OF almost continuous delibera-
ton, the Senate Friday, at 453 p. NJ,
passed the Railroad Rate Bill by the
practically unanimous vote OF II to ;
| The three negative votes were cast by
| Senator Foraker (Rep., Ohio), and Sena-
tors Morgan and PettuS (Dems., Ala
/ bama). There was somewhat larger
attendance of senators than usual, but
the attendance in the galleries was by
no means abnormal, and there was no
manifestation of any kind when the re-
| suit was announced There was, how
ever, an almost general sigh OF relief
among senators.
The bill has received more attention
from the Senate and from the country at
large than any measure that has been
before Congress SINCE the repeal of the
! purchasing clause OF the Sherman act i'll
1893, Ii was reported to the Senate on
February 20 and was made the unfinished
business on March IL From March IL
to May the bill was under general dis
cussion without limitation on the dura-
ton OF the speeches, So OF which were
delivered. Many Of these were prepared
with great care, and two OF them con-
sumed more than days time in deliv-
cry. Senator L.afollette, the junior SEN
| ator from Wisconsin, spoke for three
days, and Senator Daniel, Virginia, for
two days. Senators Bailey, Foraker,
Lodge, Rayner, Deliver and others each
spoke for one entire day
For II days the bill has been under
consideration under rule limiting
speeches to Is minutes each. The debate
has at all times been earnest and ami
mated, but for the most part devoid OF
personality as between senator's, the past
few days, however, having called out
some caustic criticisms of the President
and OF some newspaper correspondents
| by Senator Bailey
In addition to passing the bill the pro-
ceedings Friday consisted in concluding
the consideration of the amendments as
such and the delivery OF a number OF
speeches on the bill. The only amend
ment adopted was the one offered Thurs
day by Senator Teller eliminating the
words in its judgment" from the power
given to the Interstate Commerce Com
mission 10 fix rates
When the bill was taken up the Senate
resumed consideration of the Teller
amendment, striking out of the provs-
ion giving to the Interstate Commerce
Commission the power to prescribe rates
for the words "in its judgment"
Senator Hale said that as far back as
1924 Chief Justice -larshall had inter
I ha 80 Il Ii.
gate its power, and the rule then laid
down had been followed in innumerable
cases He also referred to the recent
| opinion OF Justice Brewer in the Michi-
gan tax case, saying that in that case
| the Justice had used words which his
own sense of propriety had led him
to withdraw. He added that a further
consultation Of Justice Brewers decision
would do much to set right the minds OF
those so fond OF catching at such trivial
tiles as an opinion that was never deliv-
cred
Senator Long also advocated the reten-
tion OF the words agreeing with Senator
Allison that they constitute part OF the
Judicial review contemplated by the bill
Senator Spooner expressed doubt as
to the wisdom Of the provision. at
is open TO doubt and challenge" he
said, and went on TO say that, notwith-
standing his doubts he would vote for
the bill because he wanted to see some
law enacted that would give the courts
an opportunity to pass on the question
OF delegated power. He recognized that
Congress could not itself undertake TO
fix rates; hence the Importance of having
definitely settled the scope OF the CON
gre.sional authority TO confer its consti-
tutional power on another body.
He also quoted the Supreme Court in
the Michigan case, saying that what was
left in was accentuated by what was left
out. III" he concluded, "it was left TO
me as lawyer to say whether the words
should be retained, would not dare to
take the responsibility OF leaving them
in."
Senator Fulton advocated the retention
Of the words, saying, so far as the Su-
preme Court decisions go, they sustain
its right 70 confer its authority. Senator
Bacon was OF the opinion that the words
weaken the bilb and, therefore, advised
that they be eliminated.
Senator Daniel took the position that
the presence OF the words "in its judg-
men" would not have the effect of vitiat-
ing the BILL as had been contended. He
declared, indeed that neither the pres
ence nor the absence Of the words
could affect the measure. "If," he said.
the words are retained, the commission
will have explicit authority to do what
it must necessarily do If they are
omitted"