The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-03-16

sought to be vested in the interstate COM
merce commission after full hearing
upon complaint made to determine and
describe what will in its judgment be the
just and reasonable and fairly remuncra-
tive rate. TO be thereafter observed in
such case as the maximum to be charged
and to make an order that the same shall
go into effect and remain in force for three
years, which order shall go into effect
thirty days after notice to the carrier and
shall remain in force had he observed by
the carrier, unless the same shall be stis-
pended or modified or set aside by a court
of competent jurisdiction
Concerning this section, Mr.. Tillman
said:
Great Difference of Opinion.
.'Around the first provision the most
earnest and exciting contention has
arisen ana there is great difference of
opinion as to the scope of this clause ana
the executive powers of the commission
under It, On the other hand ii Is claimed
most positively that Congress cannot del
egate its powers to the commission ana
thus authorize it to fix rate, while on
the other hand, 1t is asserted with equal
earnestness and force. that TINS power
is indisputable Whatever may be the
results of this discussion IN the SENATE
If the bill becomes law, the hnat deter
mination of the question at issue must be
made by the supreme court There is
oven greater solicitude upon the question
of judicial review. 80.
"The friends of the proposed legislation
are equally earnest with its opponents
in desiring to throw every protection
around the billions of capital invested In
railways Of the United States
Mr.. Tillman added at the same time
= -. Ii or.p n a.
lief for producers and shippers. He de-
clared that it is the duty of Congress to
hold an even balance between these con-
flicting and contending interests.
Friends of the railroads contend urged
Mr.. Tillman. that Congress cannot limit
the Jurisdiction Of the circuit courts
while on the other hand, he added, 1t
is asserted with equal emphasis that the
power to create all courts, other than
the supreme court, rests alone In Congress
and that, such courts being statutory are
necessarily limited in their scope and
power by the authority which creates
them"
He continued
II myself incline most confidently to
this view and have not the slightest doubt
that 1t is possible to properly amend
these bills so as to prohibit the circuit
courts from interfering with the orders of
the Interstate commerce commission BY
any interlocutory order.
1.-THE Senate must determine by its
vote what shall be its attitude upon the
questions of court review and interiors;
tory suspensions. If any decision of the
supreme court shall declare that Congress
is powerless to grant speedy relief
through a commission, it needs no prophet
to tell that an outburst OF surprise and
Indignation win sweep over the country"
Enormous Railroad Earnings.
Commenting on the gross earnings and
the net earnings OF railroad properties
Mr. Tilman said that once a year every
dollarin the United States passed through
the hands of the railroads and every three
years becomes IL part of their net earn
ings. Is 1t any wonder. he asked, that
the railroads have the most brilliant
legal minds at their command TO con-
duct. legislation. He asserted the struggle
Is between men and will determine wheth-
er the people are capable of self-govern-
ment He discussed at length the build
ing of great fortunes and the manlpula-