The Washington times., 1906-02-28
Predicts Supreme Court
Will Decide 1t UnCon-
Stitutional.
HE ADMITS EVILS EXIST
But Says That They Are
Due To Incompetent
Officials.

The heavy artillery Of the opposI-
ton 70 railroad rate legislation open-
cd up this afternoon in the senate
with Senator Foraker. of Ohio, as the
man behind the gun In a carefully
prepared speech. which required some
three hours in delivery. he argued
against the policy of governmental
/ rate making in general and the Hep
burn bill ia particular
He held tha- the latter was uEeon-
slltutionaI as well as impracticabIe.
and predicted It's speedy death in the
Supreme Court Of the United states
u II should pass in the shape in which
il had come from the House.
Admits There Are Evils.
He admitted that there were evils to
be remedied. but this could be accom-
Diished by merely amending the pres
ent Elkins law so as 10 make its
provisions cover the matter of exces-
siVe rates, and by making il specif-
caiiy applicable to every kind Of re-
bates and Determinations.
He would make II the duty Of the In
tsrstate Commerce Commission mot to
act as judges, ami Legislators. and pros
ecutoTs. and sheTifTs, bat to address
themselves to the purely executive
duties of hearing complaints, exercising
their powers of cOnciliatiou, and where
these powers fail, sending the case al
once, through the Attorney General TO
the proper court for immediate proceed
ing for the benefit OF all PARTIES inter
ested. and without expense 70 the ship
per" Mr.. Foraker said that al the
proper time he would offer such an
amendment
BY way OF personal explanation Of his
attitude on the railroad rate gZesiion.
he said:
Not Easy to Oppose Public Sentiment.
''It is not either easy or agreeable TO
differ with the President. But when
questions arise of such commanding i'm
portance. it is the duty Of every man
10 make careful investigation and act
in accordance with his convictions
4 dislike exceedingly. as every 9TH
er public man does to be arraigned be
fore the country by unfriendIy critics
as prompted by unworthy motives. and
10 suffer in consequence in the esteem
Of the people. It is far pleasauter 10
go with the tide Of public sentiment but
no man who allows himself 10 be con-
trolIed against his judgment by consid-
erations Of this character can DO his
duty. or maintain his self-respect. or be
entitled 10 retain the respect Of his con-
stituents''
Fault Lies With Officials.
He did not minimize the evils OF ex-
cessive rates. rebating and discrimina-
tions. but charged that the fault lay
largely with the officials who have
failed to enforce the laws already on
the statute books. He stated that the
demand for a rate-making law did not
arise until December. 1904. that it had
no place in the campaign discussions of
that year. and was not heard Of until
after the election. The Democrats had
set il forth a number of times in a gen
eral way in their platforms. but it never
commanded any serious attention until
tue President mentioned il in his annual
message
The senator added. His popularity was
so great, and he so thoroughly com
manded the confidence of the people.
that there was an immediate and veTS
general acceptance of his recommends
ton.
Believes in Court Plan.
He numbered among the defects OF
the Hepburn bill that it dispenses with
jury trials in important actions 10 reCoY-
er money; that it imposes extreme un-
reasonable. and burdensome penalties
and that it not only fails to provide for
proper court review. but seeks to ex-
clude the same.
II believe in the court plan" he de
clared, "as contradistinguished from
the ratemaking plan. not alone because
IL Is much simpler. much more eXpe-
ditiOus. and much more efficient. but
because il avoids all legal and cOnstitu-
tional questions. while the ratemakiu~
plan. as set forth In this bill. encounters
a number of such questions. some Of
them. in my Judgment. fatal"
No Right to Make Rates.
The Senator argued that Congress. in
the first place, had no authority to make
rates. and. in the second place. IL il has
such authority. it has no right to dele
gate the authority TO a commission. The
power conferred upon Congress by the
Constitution to regulate interstate com
merce is precisely the same as to for
eign commerce. 1t has never even been
suggested that Congress could fix rates
of foreign transportation therefore how
could It have that right, as TO interstate
commerce? The fact that States may
legally fix rates within their borders
rests in their sovereignty Sovereignty
in that respect had never been delegated
to t.,e Federal Government.
A Confusion of Powers.
Granting that he might be wrong in
the contention that the Government
may rot fix rates. Senator Foraker
held that the Hepburn bill was fatal
ly defective I'm that 1t conferred ex-
ecutiye. legislative. and judicial pow
ers upon the Interstate Commerce
Commission
THAT the bill is unconstitutional
because Of the commingling of all
these powers" he said, appears be-
yond question. In all the legislation
Of more than century no such prop