The National tribune., 1906-05-24
PASSAGE OF THE RATE BILL.


surprising vote of II to three.
The three adverse votes were cast by
Senator Foraker (Ohio}, Republican,
and Senators Morgan and Pettus Gala
| bama), Democrats.
The bill was sent from the House Feb.
s, and reported out of the Committee
on Interstate Commerce, Feb. 26. Since
that time the bill has been under almost
continuous discussion, the Senate having
taken up little time in considering any
thing but the necessary routine busi-
ness. The final fight was over the reten-
ton of the three words "in its judg
ment" in the Allison amendment. In
the agreement which had been arrived
at between the President and Senator
Aldrich these three words were to be
retained, and Senator Aldrich's party
generally voted for their retention as a
matter of good faith, though they de-
sired them eliminated.
Arguments for striking out the words
were made by Senators Spooner, Bacon,
Lodge, Teller, Foraker, Morgan, Bailey
and others, who contended in the
strongest way that the retention of the
words would be almost sure to invali-
date the law, as the Supreme Court
would hold the entire bill unconstitu-
tional if the Interstate Commerce Com
mission was vested with the discretion
that the words conveyed, and it was
noticeable that all those who were re-
garded as among the best lawyers of
the Senate supported their exclusion.
The vote by which they were stricken
out was:
Yeas-Alger, Alice, Ankeny. Bacon,
Bailey, Berry. Blackburn, Brandegee,
Bulheley. Burnham, Carmack, Carter,
Clark (Mont), Clark tWyo.), Clay, Gull
bersnn. Dick, Dillingham;. Dryden. Flint,
Foraker, Foster. Frazier. GaIIinger,
Hale, Hansbrough, Kean, Knox, Lodge,
McCreary, McCumber, McEnery. Nal
lory. Martin, Millard, Morgan, Nixon,
Overman, PenroSe, PettuS, Plat, Ray
ner, Scott, Simmons, Spooner, Stone,
Taliaferro, Teller, Tillman, Wetmore-
so.
Nays-AIlfson, Beveridge. Burkett,
Clapp. Clarke (Ark.), Crane, Cullom,
Daniel, Doliiver. Elkins, Frye, Fulton,
Gearin. Hemenway, Hopkins, La Fol-
lette. Latimer, Long. McLaurin, Nelson,
Newlands, Perkins, Piles Warner-24.
Senator Foraker said in explanation
of his vote that there were some sec
tions which he should like to see enact
ed in the law, and if he could vote sep
arately upon them he would be relieved
of great perplexity. He, however, was
unaiterably of the opinion that Con-
gress had no right to enter upon the
rate making power, and he could not
secure his own assent to vote for the
ever, that the bill would pass without
any vote against it except his own.
Senator Morgan said that the advo-
Gates of the bill had furnished sufficient
reasons why he should not vote for it,
and that he believed 1t contained provi-
sions inimical to the interests of the
State of Alabama. 1t was not improb-
able that the Governor of Alabama
would Immediately take steps to test its
validity in the Supreme Court.
Senator Morgan had done his full duty
in Offering amendments, which had been
left for him but to join Senator Foraker
in voting against the bill.
Senator Bailey spoke with his usual
good sense as to the matter, saying that
it was vast improvement over the ex-
listing law, and that "if not perfect it
can be amended, and if the carriers do
not respect and obey this milder law,
Congress will pass a law with teeth in
it-with teeth of metal that viii hurt -
He thought some mistakes had been
made in voting down amendments. but
even with these deficiencies the bill de-
served to receive not only the votes OF
Congress. but in some degree the ap-
proval of the people. If the carriers
evade it, on them viii fall the consc-
| quences," he said.
''If the law proves insufficient, our
successors will remedy our mistakes -
| he said. 'They can and will only com
| plete their work when they write Out
the maximum rate and write in the
| absolute rate. 1t is for the shippers tc
| decide whether there shall be a drastic
| law"
| Senator TilIman said that he would
vote for the bill as the best that ht
could get, and that he had no hesita.
| ton in according to the President full
credit for the good work he had don,
in securing the passage of the meas
ure. He said:
| But for the work of Theodor,
| Roosevelt in bringing this matter T.
the attention of the country, we would
not have had any bill at all. 1t is tru,
that the idea was not his, and that tn,
demand for the legislation was mad,
in three Democratic platforms; never
theless, he seized upon the idea, ant
the success of the issue is largely du
to his advocacy. I can't congratulate
him on his victory, for 1 think w
should have had a better bill"
The Allison amendment struck ou
; the words fairly remuneratiye" an
substituted Just and reasonable" y
order can be suspended by the courts
except on hearing after not less thai
five days notice to the Commission. A
appeal from an interlocutory order o
decree granting or continuing an in
; junction shall only be to the Unite
= States Supreme Court, and must b
taken within 30 days.
The broad reviewers claim that the
. have carried their point, but this