New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-05-18
RATE VOTE DELAYED
COMPROMISE IN PERIL
Constitutional Question Raised ODer
Commerce Commissions Poscers.
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publicans 70 know Il they were preparea 70
assume all responsibility Tor the retention 90 ta
words in its judgment in that section NJ The
Hepburn bill which provides that under certain
circumstances the commission is authorized IN
prescribe what viii. in its judgment. be the
lust and reasonable rate or rates" 20 be charged
b. common carriers for a specified service. Mr.
Tllman declared that he felt grave anxiety re-
raTding the words in its judgment" because
Be had been assured by a number OF able law
rsrs thar they constituted menace TO the CON-
stitutionality OF the entire bill, but that If the
republicans were willing TO assume all respon-
sibllity for their retention, he would not move
70 strike them out.
The best lawyers in the Senate on both sides
Of the chamber, regard these words as useless
and seriously Jeopardizing the fate OF the meas
IRE in the courts. No Republican Senator. how
ever. has felt free TO move 20 eliminate them
because as has been told IN these dispatchs,
their retention constitutes a part OF the Allison
compromise. This was the sole concession made
70 Senator Deliver, who, having been defeated
IN his every other contention. made final stand
for the retention OF the words in its Judgment
"A stand in which he received loyal support
from his colleague, Mr.. Allison
Senator Allison replied to Senator Tillman,
saying that he was convinced the words are
them out puts the commission in a position
where its decisions viii be reviewed by the
courts in all their details" Senator Allison
modestly protested. however, that he was not a
great constitutional lawyer, and when Mr.. Till
man signifed his willingness to abide by the de-
cisioa OF the Republicans Senator Teller said
he would not be a party to the retention OF
words which, in his opinion and in that OF the
most capable lawyers in the Senate, consti-
tuted a menace to the constitutionality Of the
measure which the Senate had devoted so much
tine TO perfecting. Mr.. Teller moved TO strike
out the words 'in its judgment"
Senator Dolliver defended the retention Of the
words He argued that they were essential.
that they were in the House bill, that they were
copied from a Massachusetts statute which had
stood the test OF the courts. and were even con-
tanned in the rate bill introduced by Senator
Knox. 10 whose legal ability Mr.. Dolliver paid
a high tribute. Finally he said: Il do not want
the words in fits judgment stricken out, be-
cause the country has como 70 believe that they
constitute the backbone Of the whole rate BILL
SENATOR KNOXS ARGUMENT.
Senator Knox explained that the words "in
its Judgment" had been inserted in the bill he
Introduced through an error OF his secretary, on
the suggestion Of a member Of the Interstate
Commerce Commission and without his knowl-
edge. He said he had failed 20 correct the error
for the reason that his bill was designed chiefly
for the light it might throw the court review
provision, having been introduced solely for that
purpose Referring TO certain quotations cited
by Mr. Dolliver Mr.. Knox said that they
ferred 10 remarks he had made when speaking
generally and at a dinner. where a man is not
expected TO voice his most solemn utterances."
I must not be held accountable for the re-
~ hasa i'm
pressively. 81 do not see that they serve any
useful purpose whatever. If they mean any
thing at all, they endanger and jeopardize the
bill" He added that the Supreme Court had
said that when Congress undertakes to delegate
70 an administrative body powers which involve
legislative discretion, it does that which is I'M
constitutional and it seemed to him to be flying
in the face of the Supreme Court to enact a law
containing this language.
u have expressed the opinion" continued Mr.
Knox, that Congress possesses the power to
enact rule and TO confer on a commission the
power to act under this rule, but specifically to
provide that the commission shall exercise such
Judgment, I regard as trimming the legislation
altogether too near the unconstitutional line"
II reply to a question by Mr. Tfllman as to
whether the words objected to narrowed the
court review provision, Mr. Knox said: Il do
rot see how they affect the court review pro-
vision at ALL
Senator Bailey followed Senator Knox, and de-
claged his conviction THAI these words either
mean nothing or else they are fatal to this bill;
and I am sure that the very purpose for which
they inserted. if they serve that purpose
would result in the courts pronouncing the bill
unconstitutional
Ar Bailey said tina. in the Minnesota case
the legislature attempted to prevent the courts
from inouiring into the justice and reasonable
ness Of a rate and the court found, therefore.
that the law deprived the carrier Of his right
TO due judicial inquiry as to whether or not his
property was being taken without just COM
pensation and pronounced the law uncOnsti-
tutionaI
Mr.. DoLLIVER DEFENDS THE PHRASE.
Mr.. Deliver replying TO a question put by Mr.
Bailey said: II hold that the courts will go
into the whole question, but that they will not, II
these words are retained. disturb an order OF the
commission unless It violates the property rights
Of the carrier, whether It was so low as TO be
confscatory or not"
Senator Foraker said that, while ne DeLieVeo
ne whole rate bill 20 be unconstitutional II was
undoubtedly so with the words 'in its Judgment
retained. II am IN favor OF striking the words
ont" said AGr. Foraker. cas- If we leave them IN
We might just as well write across rms DILL InAs
law is unconstitutional
Il is expected that Senator SpOOner viii add
his testimony TO tha8 OF Senators Knox Bailey
and Foraker tomorrow, as he IS known 20 hold
ne Same opinion and 20 DO equally sCSong n hAS
conviction that the words 5eoDardize the con-
sliutionality OF the law.
In view OF the fact that the retention OF the
lords forms a part OF the Anlson coInpEotn s
tne outcome OF this debate IS awaited with IN
tense interest Adjournment was taken this
evening without closing the discussion and it rs
certain that a yea and nay vote will be called
e! when the motion is put There are strong