The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-16
TILLMAN ON TIE RATE BILL.
SAYS SECTION 10 CONTAINS A DAN
GEROUS PROVISION.

WAsHrSaroN, March Ex-senator Till
man to-day presented In tho Senate his
report ON the Hepburn Railroad Rate Regu-
htion bill. II was not, he said, a report
from the Committee on Interstate Com
marco. but represented his individual views.
He presented also the views OF Senator
Newlands, another Democratic member OF
the committee.
At the suggestion OF Mr.. Aldrioh the re-
port was 4, ad. When that part OF the re-
port was reached which quoted at some
length from President Roosevelt's message,
the reading clerk hesitated q moment
which brought from MIR. Tilman the sug-
eestion: you'd better read it. It's the
most important part OF my report
Mr.. Tillman introduced his report by
saying:
The peculiar circumstances under which
0hla bill was reported to the Senate from the
Committee on Interstate make II o
difloult and somewhat embarrassing task to
write @ report upon 1t. Instead OF being
amended In committee, so as to command as
a whole the Endorsement and support OF q
majority OF its members, the bill was brought
into the Senate In a form not entirely salts
factory to morethan two members Party lines
in the committee were broken down and the
Dill ID IN Vu6 D6uhlo w lOuooh Va NES N'f
of Ave members of the minority party and
three members Of the majority party In Con-
Rrees, who ooncurred in reporting It favor
ably, and while these eight Senators are
agreed as to the general purpose and scope
of the bill, there are radical differences among
them as to the amendments that ought 10 De
Incorporated In 1t to make II fully adequate
to meet the demands Of the business interests
of the country at this time.
This lack OF harmony among the sup
porters OF the bill-it would be speaking
with more accuracy to aay the supporters
OF the policy involved In the bil-brlnes
about the anomalous situation In which a
member OF the minority party In Congress
10 put In charge In the Senate OF proposed
legislation which Is generally regarded
throughout the country as the cherished
scheme OF the President. with whose general
policy and principles that member Is not IN
ACCORD.
This condition Is without precedent In
our legislative history and brings into promi-
nenoe the fact that the proposed legislation
IN pon-partisan, and this is emphasized by
the further fact that this specific bill received
the unanimous support OF the minority party
and only lacked seven votes OF a unanimous
Endorsement Of both parties at the other END
Of the Capitol. "
Mr.. Tillman prefaoes his report by pre-
dieting all sorts of political trouble for the
Senator who dares stand In the way OF
railroad rate legislation.
"Woe be unto that member Of the Senate
or Of the House. he says, whose work in
formulating this legislation shall be that
Of a time serving politician without earnest
ness or honesty Of purpose and who shall
seek to belittle the question or kill the bill!
by subterfuge and deception. The people
want the railroads reg ulated,'
$1,000 gIf.-. -z~- Az Lii H. "A -raannf
form is generally supposed to embody the
well digested views Of the Executive and
those leaders of his party whose advice he
consents to take" After considering some
Of the features Of the bill the report says:
:. The friends OF the railroads demand the
suspension Of the remedial order OF the com
mission pending judicial investigation, While
the friends of the producers and shippers
strepuously object to such suspension. lt
IL commended by the former that Congress
cannot limit the jurisdiction OF the circuit
courts and that the right to issue an injunc-
tIon suspendlng the rate fixed by the com
mission is inherent in those tribunals. On
the other hand. It Is asserted with equal en-
phasis that the power to create all courts
other than the Supreme Court rests alone In
Congress, and that such courts being statu-
tory are necessarily limited In their scope aud
power by the authority which creates them.
1 myself incline most confidently to this
view, and have not the slightest doubt that
Il IA possible to properly amend this bill so
as to prohibit the circuit courts from inter-
ferinR with the orders OF the Interstate Com
merce Commission by any interlocutory
order. As has already been observed In
connection with the power to fix rates, this
question also must be determined by the
Supreme Court should the proposed law
be enacted. Amendments may be proposed
10 arr cIaar1y JA1na the method of making
any court review. which amendments will
serve the purpose OF having the order Of the
commission stand pending litigation.
Tho Senate must determine by its vote
what shall be its attitude upon the questions
of.court review and interlocutory suspen-
elons. The whole question at issue as to
giving relief to the producing interests OF
the country ~revolves arou nd this feature
OF the bill. II any decision Of the Supreme
Court shall declare that Congress IL power
less to grant speedy relief through a com
mission II needs no prophet TO tell that an
outburst OF surprise and indignation Will
sweep over the country.
Perhap s the most notable feature OF the
pending controversy is the fact that for ten
years the Interstate Commission
exercised undisputed the very power which
In sought TO be restored to IL, and 1t did this
without any one presuming to deny the
authority of Congress In granting the power
or to impugn the Justice or wisdom OF its
exercise by the commission.
Mr.. Tillman enters upon a discussion Of
the relative rights and duties of corpora
tions and the people: 1T Is a struggle beg
tween the actual man and the artificial man
represented in the corporation" he says;
cit Is q struggle between man and money; 1t
10 q struggle between citizenship and oapi-
talists. The final outcome will determine
whether or not the people are really capable
Of sef-government.'
Tho report dwells upon the evil Of over
capitalization, and in commenting upon it
says:
There "a q dangerous provision 10 this bill
which In my judgment ought to be stricken
out. and that Is In Section is. whore the Inter
state Commerce Commission Is told to de-
termine and prescribe what win In It's judg-
men DO the Just and reasonable and fairly
Temunsrative rate. &o, The last words are
too elastic and ambiguous and can be con-
strued to mean too much that 1t would be
harmful and dangerous for Congress to enact
luNA. lac SE0IrY~ Recommendation xnI.s -,