The free lance. (Fredericksburg, Va.) 1885-1926, 1906-04-05
RATE BILLAND CONSTITUTION

There has been so much conflict oi
opinion as TO the cOnstitutloualltN
of the railroad freight rate hill as 1t
passed he lower house of Congress
that at the present timethe best con
stitutional lawyers i'm the country
differ as To whether the bill as IL
PASSED the house will stand a consti-
tutional test. The bill aScuacted 10y
the House of Representatives, makes
no provisions for review OF the ac-
ton of the Corporation Commission
hv a United states court, while II
ronfers on the commission the power
no declare freight rates unluStand to
substitute new rates senator Barley.
of Texas. regarded as One of the
ahlcst constitutional lawyers m the
Senate. is of thc opinion that the bill
will NOT D., constitutional unless
some provision is made therein Tor
review 10y the courts. but senator
Bailey. like many other Senators, be
li,ycs that unless the new rate fixed
bv the Corporation Commission If
allowed to remain in force until the
court reviews the ease and reaches
q conclusion. either sustaining ORE
io,tine the new rate, that the whole
object OF the bin WILDE defeated. Tie
railroad people. and the Senators
who hold with them. therefore.
are seeking to amend the billby add
ing a provision which will suspend
the rate fixed 10y the Corporation
Commission until the court reviews
the case. because they believe The
mattcr cam Do so DELAYED and pro-
l,rred bv expensive litigation that
the complaining shippers will aban-
don the fight and endure the hard
ships OF the old rates sooner than
fl ght it out. On the other hand SEN
ator Bailey and those entertaining
his views are seeking 10 amend the
House bill by adding a provision
which will put into operation AT
once the new rates. which will remain
in force uul $, and until the court
sets them aside. There have been "a
good many amendments offered en-
bodving these two views. but rs ian
rs We have been able 10 Judge from "a
casual reading oi proposed amend
mont, emb0dyiug the latter view
the most recent one proposed 10y
President Roosevelt audprepared by
Secretary OF State Root, comes
nearer meeting all objections from a
constitutional standpoint than any
we have seen. This amendments
provides that all orders of tine
commission. except orders for the
payment OF money. shall take effect
within such reasonble time a shall
be prescribed by the commission and
shall continue for such period oftime,
not exceeding two years. as shall be-
prescribed in the order OF the com
mission. unless sooner set aside 10y
the commission or suspended or set
aside in a suit brought against the
commission in the circuit court OF
the United States, sitting a. a court
of equity. for the district wherein
any carrier plaintiff in said suit has
its principal operating office. and
jurisdiction is hereby conferred on
the circuit courts OF the United
States to hear and determine in any
such suit whether the order com
planned OF was beyond the authority
OF the commission or in violation OF
the rights of the carrier secured by
the Constitution.
We believe that if the Hepburn bill
were passed with this amendment
that the corporation lawyers would
have big contract ON their hands
to find a loop hole OF escape.