davidaulloa/AmericanStories huggingface dataset:
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09
LIMIT OF RAILROAD ARGUMENT.
Extremity of Corporate Remittance to
Federal Control.

Springfield (Mass) Republican.
Senator Foraker of Ohio in his speech Of
Wednesday on the rate bill, carried his
argument in opposition to the rather start
ling length OF denying that congress had
the power under the constitution to regu-
late railroad charges or confer such a
power on a commission. He could find no
opinion of the United States supreme court
which distinctly recognized that the con-
stitutiOnal power to regulate commerce be-
tween the states or with foreign nations
carried with it the power TO regulate or
fix charges AS for himself, he would saY
that the matter of charges was beyond
the reach of congress. though clearly
within reach of the several states that the
power OF congress over foreign commerce
was no greater and no less than over
interstate commerce.; that manifestly con-
gress has no power to prescribe charges in
the case OF foreign commerce, and ac-
cordingly It follows that It has no power
to do so In the case of interior commerce
This is not particularly impressive even
in its speciousness 1t may be true that
the supreme court has never expressly at
frmed the right of congress to regulate
or control or fix interstate railroad
charges, but it has certainly by indirection
conceded such a right pretty continuously
for a great many years, and the whole
weight OF a vast body OF judicial opinion
on the subject has been in line with as
seTtlng for congress a power over inter-
state commerce as exclusive and complete
as the power held by the states over inter
state commerce. 1t has remained for the
senator of a party which has inherited
the constitutional theories OF Chief Justice
Marshall to attempt to turn back the cur
rent Of construction flowing broadly and
deeply from the great case of Gibbons
against Ogden.
To such lengths then, is the resistance
OF the railroads being carried against ade-
quate public control. But that il will have
the assistance of the United States su~
preme court TO this extent may well be
doubted. When, as I'm the maximum rate
case. the court questioned whether the
power had been conferred by congress on
the commission, and decided that II could
not and would not be conferred by mere
implication. the inference is fairly 10 be
drawn that congress has the power TO
confer upon an administrative body when
ever il chooses to do so. But II congress
has no power 10 protect the public against
extortionate railroad charges in interstate
commerce, Il evidently has no power 10 en-
force uniform or Understanding charges;
for. says Mr. Foraker the charge for car
rage lis not commerce nor the subject OF
commerce" and II the uniform charge falls
outside the power OF congress- so must the
ununiforn charge. But this Is more than the
railroads wish 10 prove, since they are
very willing that the United States gov
eminent shall help them deliver them
selves from bondage 10 the great tFusts.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

which a federal railroad commission must
work. But why should any one begrudge
the supreme court this opportunity? II
the Hepburn measure had no other merit
the fact that it would force a judicial
Interpretation Of the governments powers
ought to commend It to those who think
the present agitation for rate regulation
harmful and are satisfied in their own
minds that the supreme court will dismiss
the plan proposed I'm the Hepburn bill as
impracticable under our scheme of gov
eminent Why is an assurance of that
sort not worth having and worth working
for?
Mr.. Foraker let It be understood the
other day that he differed radically ain
opinion from the other republican senatdNs
who voted against reporting the HepburN
bill They seem less convinced than he
that the house measure. as 1t stands is a
dead letter. and are bent on working over
the court review section so as to provide
a supervision by the courts of the whole
machinery of rate adjustment. They seem
to deny the possibility OF nonreview, and
ask to have the Jurisdiction OF the courts
broadly and specifically recognized Mr..
Foraker appears to hold that under the
Hepburn bill appeals would be greatly
limited, the commission having plenary
power in a broad range of cases. without
this power the commission would. in fact
be virtually crippled. Yet many OF the
opponents of the bill want an emasculat-
ing construction put on the court review
clause, on the pretext that such an emas-
culation surrenders nothing. It would be
well If the opposition got together on
some consistent theory of the real deadli-
ness or innocuousness Of the Hepburn bill
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

The Lincoln Star seems to be greatly
distressed because Attorney General
Brown went all the way to Washington
to present and urge his motion for adj
vancement of the railroad tax cases In
the United States supreme court when
he might have sent his motion by mail
or deputized some lawyer ON the ground
to present II as his proxy. This is the
most puerile criticism that could be
trumped up. AS attorney general the
responsibility for conducting these cases
rests upon MFR. Brown, and the old adage
applies here that when you want a
thing done right you should do it your.
self. Attorney General Browns prede-
cessors in Office, who had important liti-
cation in the United States supreme
court, have always travelled to Wash
iugton to look after it themselves. This
is true of democrats as well as repub-
leans, Attorney General Smyth having
made such trips, as also Attorney Gen
eral Prout. If Attorney General Brown
succeeds in winning out in the tax cases
speedily and bringing the audacious tax
Sinking railroads to time the people Of
Nebraska will be disposed to give him
all the trips to Washington he may care
to take,
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

records. the sole legitimate purpose OF
which is TO reveal the truth. should have
been manipulated to conceal the misap-
preparation Of such huge sums the very
circumstance Of concealment being in
culpatory. Judge" Hamilton. through
whose hand the money passed. can tell
II he will, to whom It went. to influence
what legislatures, i'm what sums and for
what specific ends and he can thereby
materially help i'm the correction of a
monstrous abuse. Whether he will do
so, however, remains to he seen.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09
PRESIDENTS POINTED MESSAGE.

PRESIDENTS POINTED MESSAGE
The message in which President
Roosevelt announces to congress his
signature 20 the joint resolution in
structing the Interstate Commerce com
mission to investigate railroad discrim-
nations and monopolles in coal and
oil trenchantly challenges attention to
the defects, and consequences Of that
act as 1t came from the national legis-
lature. The ostensible object of the
joint resolution, which is to turn the
light OF publicity upon the grave and
far-reaching usurpations and law viola
lions I'm the relations between the rail
roads and the oil and coal industries.
naturally would appeal TO public APP
proval. But the blunders and conse-
quences which the president points out
i'm the form in which congress has I'M
dertaken to deal with the subject are
so many, so gross and so injurious as
to raise the question whether the pro-
moters of the Joint resolution have not
acted in bad faith and with the Interior
motive Of embarrassing the administra-
ton rather than abolishing abuses of
transportation and related corporations
In coal and oil. The presidents mes
sage il pervaded by an ill-concealed
tone suggestive that he is keenly sus-
piciOus Of such purpose, or at least that
he does not propose to submit tamely
II it should exist. At any rate he so
clearly exposes the bungling or ealcu-
lated defects of the joint resolution as
to confne congress between the alter
natives either of correcting its blunder
or suffering the worst Interpretation.
It is peculiar that such an investiga-
ton as the joint resolution on its face
contemplates, so difficult and elaborate,
should be saddled onto the Interstate
Commerce commission, a body already
burdened with the important duties APP
propriate to it and imposed upon 1t by
law, which duties it is the chief object
of legislation now pending to multiply
and enlarge. More especially is it pc
cullar in view of the fact that the sub
ject matter of the resolution falls nat
urally to another department of the
government which has in hand and we'll
along inquiry into the same subject mat
ter. But it is most extraordinary, as
the president points out, that the reso-
luton, while requiring the Interstate
Commerce commission to perform such
a labor. should be so drawn as in fact
to deny it the indispensable means, maxi
ing no appropriation nor authorizing
compuls on Of witnesses. Yet the reso-
luton would have the mischievous eff
feet of wasting the time of the commits
sion by leading 1t into endless wild
goose chases precisely when its whole
time would be most needed for the pur-
poses of the railroad rate law soon to
be passed, and of paralyzing prosecu-
tons Of the very offenses that should
appear in investigation.
The joint resolution appears to have
slipped through congress under circum-
stances calculated to throw friends of
the administration off their guard, but
It did not so easily run the gauntlet of
the White House. The president, while
he signs the resolution exposes the snare
and puts it up to congress to remove it.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09
Getting DOwM to Canal Digging.
Naurl York Tribune


The senate has done wisely In deciding
to quit its historical, philosophical. psyche
logical and other Investigations into
Panaman affairs until II has determined
what sort of canal is to be built and how
1t is to be built. To build the canal is the
urgent need The rest will keep. We have
no doubt Mr.. Cromwell will be just as
willing to oblige Mr. Morgan a month hence
as now. But there would be little wisdom
in keeping work on the canal indefinitely
tied up while Mr. Cromwell out-Wellers
the lamented Samivel in declining to give
aid and comfort to his induisitor. And.
speaking of that. what particular business
anyway has the United States senate with
the confidential relations between a foreign
corporation and it's counsel? Canal build
ing, not research into esoteric alien arch
aeology, is wanted at Panama.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09
RATE BILL DEBATE.
Analysis of Senator FOrRker's ArRu-
ment Against Regulation.


Senator Foraker's speech on railroad
rate legislation last Wednesday was I'M
deniably interesting and forcible; but, from
the point OF view of the opposition in the
senate, It's helpfulness may be doubted. II
had the fault of proving too much. After
hanging drawing and quartering a man
for high treason, it seems hardly worth
while to try him for libel or petty larceny.
The Ohio senator holds that the Hepburn
bill Is, in intent and implication, IN spirit
and letter boldly and irremediably I'M
constitutional He declares that II com
ningles a political board, claimed to be
administrative in character, all three Of the
powers Of government, legislative, judicial
and executive" and asserts that 1T us inn
possible for such a measure to receive the
sanction of the courts" But, II this
diagnosis OF the Hepburn bill is correct
the oppositions zeal in contesting the pas
sage of the measure and in wrangling
over the phraseology OF court review provi-
sions and other trivial details is merely
nervous effort wasted. II congress cannot
create railroad commission and dele
gate to IL the power 10 alter a given rate
on appeal from a shipper, the whole
scheme Of control worked out in the Hep
burn bill falls 10 the ground In that
case the railroads have absolutely nothing
10 fear from the tin now before the
senate. It's passage would simply give the
supreme court an opportunity to define a
little more clearly the limitations undGr
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09
HER FIRST PROPOSAL.
mud NJ. PecIs In Roston TranserInt.

Samuel M. Peck in Boston Transcript,
He VOWS my locks are like the gsheat
Where Summers feet have stroled
Ana ripping winds and shimmering heat
Have kissed the green to gold.
Nor gossamer the fairies spin
Hath half so rare a E-e.
And that his heart Is meshed within
! wonder is Il true'
He VOWS my eyes have starry tirts-
As I'm some forest noes
The starlight finds the viOlets' CLINT
Reflected IN q brook
And whispers, when he gazes lc"-
Within those deeps Of blaze
To breathe Is bliss 10 live, song
/ wonder is IL true;
Afar, he vows. as some lone shell
That murmurs OF the sea.
His loyal heart, meath loves sweet spell
Forever dreams Of me,
As sunhowers east 20 west the sun
With constant gaze pursue,
He'll worship me ill life Is done
/ wonder Is II true2
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09
SENATOR DoLL1vER FOR PERKINS.

SENATOR D0LLIVER FOR PERKINS. ,
The most notable development Of the
ante-cOnvention contest in Iowa for the
republican nomination for governor is
the authorized interview given out by
Senator Dolliver at Washington, in
which he declares unequivocally In
favor OF Hon. George d. Perkins, and
expressly Endorses his loyalty and trust
worthiness as regards the railroad ques-
ton. If anything could add to the
studied emphasis of the terms of Sena-
tor Delivers endorsement of Mr.. Per-
kins it would be the circumstances I'M
der which it is given. Governor Cum
Minis contest for denomination for a
third term rests mainly on his claim of
representing opposition to the railroad
influence in the state, claim pushed to
the front in a speech opening his cam
paign in Senator Delivers home town,
In which he disclaimed any design to
supplant the junior Iowa senator in the
senate. implying invitation to the sena-
tor and his friends to support the gov
ernor for third term.
While the railroad politicians plainly
prefer Mr.. Perkins to Governor Cum
MINIS for the governorship, Senator Dol
liver's endorsement will be very widely
accepted as conclusive as to the indie
pendence of Mr.. Perkins of railroad IN
duence
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

There is a CLOUD gathering over the
heads Of federal officials. The house OF
representatives is about to enact a law
forbidding federal officials to accept cor
pOration courtesies in the shape of rail-
road passes. complimentary telegraph,
telephone and express franks and spe-
cial cars for hunting and fishing trips
and junkets to Mexico, California, the
Adirondacks, Indiana mud baths, Min
netonka, Lake Okoboji and Manawa,
but that horrid bill has vet to pass the
ordeal OF the senate and senator's ad-
dicted TO corporation complimentaries,
so that the passage is still somewhat
remote.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

II Governor Mickey wants proof that
Broatch Is using his position as police
commissioner for political ends he had
better spend a few evenings in Omaha
and accompany Broatch in his observa.
ton automobile through the slums and
saloons.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

The Water board stands adjourned,
but the salaries of the members Of the
board and their high-priced special at
torneys continue, and the appruisement
Of the water works is still not visible
through the largest telescope.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

A voluntary reduction OF freight rates
east Of the Missouri river is announced
by the railroads. The Missouri river,
however has always been the dead line
and the people west Of the great muddy
hold up their hands without resistance
or take the consequences.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

The National Association Of Lumber
dealers has declared war on the ''poach-
ers," but so far has not been able to
show how they would he aided by a
parcels post law. and until they do the
fight will be considered chiefly a feint
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

The compromise between the Civic
Federation and the Omaha liquor deal
ers has been transferred to the supreme
court If It stays there long enough an
other compromise may be effected for
next year without either side learning
Just where II is at.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

holdup fraternity. who persistently re-
fuse to recognize any dividing line. one
police force under one directing head
for the whole Of Greater Omaha would
unqueStiOnably be better able to cope
with crime and criminals than the pres
emf double police departments, both OF
which are lame.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

The local democratic organ thinks
Omaha democrats do not appreciate the
"virile faith" Of the loyal democracy Of
Nebraska outside of the metropolis. The
difficulty encountered is here to feed an
appetite for pie on empty faith
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

General COrbln is fortunate in being
one Of the military men who can return
from the Philippines with better repu-
tation than when he left home.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

Senator Gamble has sent lot Of gov
eminent seed to school children in
South Dakota. Whatever may be the
seniors intentions he will probably
give the youth OF the state a practical
demonstration in the art OF patience
while they wait for the seed to bear
fruit after it's kind.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

President Roosevelt has a mania for
removing United States district attor-
neyS for doing nothing. He has just
removed the district attorney OF Okla
homa against his will and wish.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09
Enect of the Cancelled Pass.

Now that congressman cannot get free
passes from the railroads, most of them
find it cheaper to stay over Sunday in
Washington than to go home from Friday
to Monday. as they used to do. SO far no
important increase has been noted in the
church attendance at the capital.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

There will be more unredeemed
pledges in Omaha after the spring cleo
ton than there ever have been in all the
pawn shops this side Of the Missouri
river. With political candidates it is
one thing before taking and another
thing after taking.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

The difference of opinion registered
In the meeting of the state bar, called
to discuss the federal judicial division
bill, turns out to be based on a differ
ence over the division Of the criminal
business OF the state and the fees car
ried with it for marshal, clerk and court
attaches rather than a difference over
drawing geographical lines with a view
to facilitating the transaction of federal
judicial business. II the issue is simply
one Of playing for the fees, the rank and
file of Nebraska people will have little
interest in it, but would rather leave
things as they are, with single foun-
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

Some suspicious people are beginning
TO wonder whether or not this coal
famine scare has been improvlsed as an
Offset to the open winter and an effort
OF the coal dealers to unload their sur
plus
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09
Same Old Squeeze
Brooklyn Eagle.

Last year they threatened to put up the
price Of ice because all the poor little ice
plants were frost-bitten, and this year they
want to do the same thing because the
same plants thawed out. Either way the
price of water in chunks is high.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

The Nebraska democracy in banquet
room assembled has extended greeting
to William Jennings Bryan with the sin
cere hope for a profitable journey and
safe return. William Jennings will
doubtless appreciate the greeting. es-
pscially the wish that his Journey may
svell the volume Of his coinage 10 10 4.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

Germany may not have been respon-
sible for the resignation of the French
cabinet, but 1t is probable that former
Premier Rouvier will find it easier to
be complainant in the face of eventual
ties.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09
CromweIrs Unanswered questions
Springfield Republican.

After ALL the questions Lawyer Crom-
well refused to answer were the ores
which some time must be answered If tie
hidden history Of the Panama revolution
and the connection herewith of the French
canal company are ever to be revealed.
The majority of the senate committee
seemed as little DESTROYS as Lawyer Crom-
well of removing the lid.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

The presence of Andrew Hamilton is
said to have caused a fiutter in New
York life insurance circles. This must
be the frst time that Mr.. Hamilton has
refused to stay put"
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

The discovery OF contraband arms
for China on board n ship at San Fran
cisco may throw light on how the ma
lives are able to make a stand against
the foreigners.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

Those earthquakes in the West Indies
may but be the result of suppresslng
the political revolutions. The people of
the tropics seem TO need a shake up"
OF some kind every so often. &C..
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

Now that the United States has taken
up the fght against the alleged grain
trust in California, Nebraska's trust
buster Tom WoTrall, may find a wider
fold
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

WHEN OUT OF TOWN.
Subscribers IeavinE the city tenn
POrariIy should have The Bee
mailed to them. Address will he
changed ~ often a. requested.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

In view Of complaints by the big meat
packers that government secret service
men were watching them. evidence. for
once at least, tends to prove that the
sleuths struck live trail.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

In announcing his adherence to
George ID. Perkins Senator Dolliver
shows that one Iowa statesman counts
gratitude among the cardinal virtues.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

That Ohio fight on the bridge trust
looks much like the fight of New Jersey
against it's predatory corporations for
outside effect
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-09

Indianapolis News.

II seems that as civilization advances IL
takes something more than big navy to
keep the peace. Elaborate coast defenses
are also necessary. Sometimes the neces-
sity Of living up 10 our opportunities seem
to be almost burdensome.