The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-03-13
TELLS T|LLMAN
TO STUDY LAW
Senator SpOOner Declares the
South Car0linan Asks Un-
necessary Questions.
PRESIDENTS CHARGE OF
IGNORANCE JUSTIFIED
Spirited Debate Over Question
of Congressional Probe in
Coal and Oil.

WASHINGTON, March 12.-There was
sharp division of opinion I'm the Senate
tC day over the question whether the Till
man Gillespie resolution instructng the
Interstate Commerce commission TO In
Quirs into the railroad holdings of coal
and oil lands Is OF character justifying
the Presidents message regarding II.
Senator Tillman complained that the
President had charged the Congress with
Insincerity. pretense and Ignorance, and
Senators Lodge and Spooner took the po-
sition that tho charge OF ignorance was
warranted
Tho debate was spirited but was inter-
rupted at 2 o clock when the railroad rate
bill was called up and Senator Culbsrson
made a two hours legal argument. In
which he supported bill of his own
which he has introduced as a substitute
for the pending House bill.
Big "Gabfest" Promised.
Senators Elkns and Bacon announced
that they would discuss the resolution
and message later, and predicted that
several others would do the same
Mr. Spooner thought the resolution de-
fective in that 1t did not give the COM
mission authority 10 send for witnesses
and administer oaths In connection with
the new investigation II has been request
ed TO make and wEIch is one In addition
to the duties imposed by the Interstate
Commerce act.
Would IL not be n redundancy and idiocy
to give authority to send for persons and
papers when it already had that author
ity2" asked Mr.. Tillman-
TIllman Ignorant Of Law.
II the Senator had studied the law as
he should have done nc would not ask
that question" retorted Mr., Spooner.
The debate was interrupted at o'clock
when Mr. Culberson was recognized to
speak on the railroad rate bill. He read
a section Of his bin to create emergency
powers for the Interstate Commerce com
mission which he Will offer as Il substi-
tute for the pending measure.
Mr. Foraker took Issue with Mr.. Cul-
berson when he declared Congress itself
give II power to NIX rates, In granting
Federal charter to the Union Pacific rail-
way In that act II reserved this power
and IL acted under the commerce clause
in that legislation. This. Mr.. Foraker
contended should not be so held Con-
crcss was acting under IT'S authority to
National defense rather than under the
Commerce clause and in liking rates was
exercising q proprietary power
Powers Of Congress.
Mr. Culberson answered that Congress
could exercise no ether than Its leSisla-
tive power - o..
TINT states recognized this power In for
bearing 10 ilx any rates OUTSIDE thelr Dor
ders, for which point Mr. Calberson eN~
Later Mr. Culberson declared that rate
making was legislative and not tu-
dicial function.
The right OF judicial review of an order
of tho commission already exists and In
horlts from the constitution SAID Mr Sul-
he rson' To incorporate it In the pending
hiII he declared, would be but TO recog-
nizc O constitutional right but would an
swcr no purpose that had not already bcen
met He opposed the use OF the term
"iairly remuncrativc" In the different bills
and also ''justly compensatory" and said
both ralaed a new standard not recog-
niacd in common law. He advocated in
stead the term Just and reasonable
Mergers Destroy Competition.
Mr.. Culberson said that conditions had
changed: that competition had been de-
stroyed by merger, combination and trat-
flc arrangements and the interests Of the