Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1906-03-17

~ SyCioHe OF resentment.
There would follow "a cyclone Of
+, passionate resentment" said Mr.. Till
man in predicting what would be the
result of failure on the part of congress
to meet the widespread demand for
railroad rate legislation. He declared
that woe will be the harvest" of any
member of the senate or house whose
work in formulating bill to regulate
| railroads lacks earnestness or honesty
of purpose and who shall seek to be-
| little the question or kill the bill by
subterfuge and deception. The consti-
tuition gives to congress the power to
regulate the railroads, he contended,
and there are many wrongs to right.
The bill as it came from the house
Mr.. Tillman characterized as loosely
worded and capable Of different inter-
pretations. Discussing the alleged in
adequacy of the measure he said it is
''the duty of the senate to make such
amendments as shall produce the best
possible law and relieve the distress
and wrong, the existence Of which no
one will deny" In thus commenting
upon the bill, Mr.. Tillman said he can
claim to give expression of no opinion
except his own. The object sought, he
added, best can be outlined in the Ian
guage of the President in his last an
nual message TO congress, and from
this the senator quoted extensively.
Mr.. Isil1man pointed out that it is
generally supposed that the pending
measure embodies the well digested
views of the executive and those of
his party whose advice he consents to
take" After enumerating the essen
| tial changes from the existing laws
regulating interstate comm cree, he
stated that the most important Is
found in section Is, in which the power
| is sought to be vested in the interstate
commerce commission "after full hear.
ing upon complaint made to deter
mine and prescribe what will in it's
judgment be the just and reasonable
and fairly remunerative rate, to be
thereafter observed in such case as
| the maximum to be charged" and to
make an order that the same shall go
into effect and remain in force for
three years, which order shall Ego in
to effect thirty days after notice to the
carrier and shall remain in force and
be observed by the carrier, unless the
same shall be suspended or modified
or set aside by the commission, or be
suspended or set aside by court of
competent Jurisdiction" Concerning
this section Mr.. Tillman said:
Interpretation Of Bill.
"Around the first provision the most
earnest and exciting contention has
arisen and there is great difference of
opinion as to the scope of this clause
and the executive powers of the COM
mission under it. On the one hand, it
i is claimed most positively that con-
gress cannot delegate its powers to
the commission and thus authorize 1t
/. to fix a rate, while on the other hand
it is asserted with equal earnestness
and force that this power is indisput-
able. Whatever may be the results of
this discussion in the senate If the bill
/ becomes a law the final determination
of the question at issue must be made
by the supreme court There is even
greater solicitude upon the question of
judicial review.
"The friends of the proposed legisla-
ton are equally earnest with it's op-
ponents in desiring to throw away ev-
cry protection around the billions of
capital invested in railways Of the
United States"
Mr.. Tillman added that at the same
time the cries Of the people are de-
manding relief from producers and
shippers. He declared that it is the
duty Of congress to hold an even bal
ance between these conflicting and
contending interests.
Friends of the railroads contend,
urged Mr.. Tillman, that congress can
not limit the jurisdiction of the circuit
courts, while on the other hand, he
added, it is asserted with equal en-
4 phasis that the power to create all
courts, ether than the supreme court,
rests alone in congress, and that such
courts being statutory are necessarily
limited in their scope and power by
the authority which creates them.
Can be Amended.
i He continued:
i 81 myself incline most confidently to
this view and have not the slightest
l doubt that it is possible to properly
amend this bill so as to prohibit the
circuits courts from interfering with
the orders of the interstate comm cree
commission by any interlocutory order.
AS has already been observed in con-
nection with the power to fix rates,
this question also must be determined
by the supreme court should the pro-
posed law be enacted.
'.The senate must determine by its
vote what shall be its attitude upon
the questions of court review and in
terlucutory suspensions. The whole
question at issue as to giving relief
to the producing interests of the coun.
try revolves around this feature of the
bill. If any decision of the supreme
court shall declare that congFess is
powerless to grant speedy relief
through a commission, 1t needs no
prophet to tell that an outburst of sur
prise and indignation will sweep over
the country"
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