The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-03-29
SET SPEECH OF
SENATOR KNOX
Former Attorney General Expresses
His Views on Pending Rail-
way Rate Legislation.
HOUSE BILL IS DEFECTIVE
COURT REVIEW AMENDMENT IA.
VORED.

Washington, March 2S.-When the
senate met today Mr.. Lodge offered an
amendment to the railroad bill. making
it apply to pipe lines for the transport
tation of oil.
Mr.. Daniel presented an amendment
10 the same bill making railroads la
Die for damage to employees.
The resolution calling upon the inter
state commerce commission for infOr-
nation relative 10 free TRANSFORMATION
including tickets issued to newspa pers
IN pay for advertising. was passed
without opposition.
The railroad rate bill was then ia
ken UP and Mr.. Knox presented his
views. This was Mr.. Knox's first sus-
tained effort IN the senate and he was
accorded close attention by a well filled
chamber.
Speech of Senator Knox.
Mr.. Knox set forth, by generous CT
tatiOns from supreme court decisions
the powers and duties the interstate
commerce commission now possess and
perform under the act to regulate COM
merce. and he declared that his review
showed that the commission has album
dant power to seek and recover devia-
lions from the great purpose of the
act to secure equality for all, but IL
wholly lacks power to enforce its de-
crees and orders, and that its DEGREES
ana orders do not have the force of
law until made SO by Judicial decree.
After reciting a portion of the pres
1dents message calling attention to the
advisability of expanding the powers
of the commission the senator said that
short and simple law would reach the
root Of the trouble. He declared that
his bill, introduced several weeks ago.
comprehends and deals With the mis-
chiefs for which congress is seeking a
remedy more effectually than any mea-
sure Yet brought to the attention of
congress.
Would Cover the Case Entirely.
Mr. Knox said the theory on which
It is drawn is that general words I'm a
statute which are sufficiently cOmpre-
hensive to cover the evil aimed at
make better and more effective legis-
iatiOn than specific prohibition Of the
evil IN the forms in which It has ap-
peared. Recent decisions of the SUI
preme court. he said. confirm the wis
dom of method Of legislation
In celebrating on the fifth section Of
his bill, which provides for a review
by the courts of orders Of the commits
sion, Mr. Knox said that the omission
of such a feature from the house bill
constitutes the main difference between
the two measures. AS a preface to a
large number of extracts from court
decisions UNFOLDING his position, Mr.
Knox said
An Unconstitutional Sill.
ut is obvious that a law comforting
tremendous power which it is proposed
by all the bills under consideration to
confer upon the commission to substi-
tute one rate or practice for another,
must be drawn Upon one Of two the
cries: Upon the theory that the order
of the commission shall be final and not
renewable by the courts, or upon the
theory that il shall be renewable by
the courts. I have no hesitation in say
ing that a bill drawn upon the theory
that the order of the commission shall
be final and unassailable I'm the courts
would be unconstitutional"
The decisions quoted. said Mr.. Knox
prove that the railroads are entitled
TO their day in court. and that an act
which prevents a judicial review or
determination of the question of the
nableness OF an order of the COM
mission would deprive the carriers of
this constitutional right and would
therefore be unconstitutional. Mr..
Knox said that i'm his bill he had un-
dertaken to preserve the constitution
atty of purpose of the measure and to
throw around the provision for the re-
view such constitutional restrictions
and terms as would prevent unneCes-
sary or frivolous aDneals to defeat the
end OF the remedial legislation. His
court review section. he said. provides
that the question to be submitted to
the courts is solely whether the order
of the commission violates the COM
plainant's rights.
Cash Deposit or Bond.
Mr. Knox advocated provision
against the suspension of the COM
missions orders by interlOCutoTy de-
Crees without requiring g cash deposit /
or a bond to secure to the parties en- /
titled To renavmert the difference be
tween The commissions rate and the /