Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1906-05-17

Legislation OF 1887.
at has been said frequently and here
in the senate, that in the legislation
of 1887 we gave that power to the
commission. was present when that
whole debate occurred and l wish to
say that it is not possible that the
congress at that time intended to give
this power to the commission. 1t
was discussed more or less frequently
but you may ransack that debate
which continued for six weeks and you
will find that In no case was 1t pro-
posed to give to the commission the
power of fixing rates, either maximum
or minimum or both The effect of
that act was to make the commission
nothing but an arbitration board or
referee. They could not even enforce
any of their own orders. They were
obliged If one of their orders was dis
obeyed by railroad company to go to
court for the purpose of having it en-
forced. Although it may be there was
no objection to the power of making
rates being given to the commission
for some time after the commission
was organized, it was not in the con-
temptation of the men who framed
that act that there should be power
given to the commission to fix rates of
any kind
Cannot Make Rates.
Nov, for the first time we are con-
fronted with this specific question.
We all agree that we cannot here di-
rectly make rates or revise rates.
Hence we are seeking to establish
commission of the highest character
and intelligence which shall deal with
the question as an administrative
board. When they have dealt with it
the order stands as the judgment and
will of congress or else it is nothing.
The basis of this whole transaction
when.the commission has exercised its
authority and issued its order, is
| equivalent to a statute. What do the
courts do in case we pass law here
upon this subject and suit is brought
to test that law? The test is it's con-
stitutionality and nothing else. 1t is
that or it is that this administrative
board of ours has exceeded its author
ity. Those are the only two ques-
tons which can possibly come up IN
der this bill under any circumstances
whatever.
Impossible Construction.
why does the senator from Mary
land in his peculiar way undertake to
say that here is an opportunity for the
judiciary of the United States to deal
with every question that can possibly
come up under this bill? 1t does not
require lawyer Of many years stand
ing to know that his construction of
this amendment is an impossible one.
will venture the statement that there
is no court in this country which will
in the slightest degree give heed to
the suggestions the senator has made.
know there are great many stat
utes Of the character OF this proposed
| legislation in the states. State after
state has given to the courts full and
complete review of acts of their COM
missions and want the senator from
Maryland or some other senator to
show me where the supreme ! court
has gone one step beyond the discus
sion of the constitutional power Of the
commission or the question whether
| it had exceeded it's authority. Where
is the decision that goes beyond that?
have listened to these debates with
interest and with benefit and l know
of no opinion from any judicial body
which undertakes to say that every lit
| tie act of the commission may be re-
viewed by the court"
1t may be said in this connection
that Senator Allison's question was
not answered. He had asked an I'M
answerable question; he had struck
the nail on the head but it was so sim
pie that nobody else had thought of it.
| Williams Amuses.
A satirical amendment by Leader
Williams of the minority amused the
house today. 1t provided for the
naming of the rival of the British ship
Dreadnought, "Skeered o Nothing"
with proposal for contest between
the two with the President and cabi-
net as chief guests. A large battle
ship was vigorously opposed by Taw-
ney and Burton.
Frank j. Stillman
WAPELLO is FOR PERKINS.
| (Gonttnued From Fircf PAGE \