New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-03-16

oeny. In thus commenting IN tba hin Nv TIN
lnsn says he can claim to give expression to no
except his own. The language sought he
eAn pest be outlined in the language of the
ana 60 - ms iast annual message to Congress
u rum this he quotes extensively
MI. human points out that Il ia sara-.1,,r ,
- nat the pending measure embodies the
90 - ees'eo views Of the Executive and those
49, "a. pV whose advice he consents to take"
NI'el ehumerating the essential changes &c., -
existing laws regulating Interstate cov,as1H ',-
1Ss mat the most important is found an sec+ion
-. O4 power Is sought TO be vested in the
t1s,s commerce Commission after fun
- UPoh q complaint made to determine and
Piosolioe what will in its judgment be the tust and
reasonable and fairly remuneratf,,a - =. -
'eAi'er observed in such case as The roaxro,, -
:, @eo' ana 10 make an order that the sauna
- % 4'Co erect and remain in force for three
60, "i-4on order shall go into effect thirty DAYS
'iSe 10 the carrier. and shall remain in force
N44u DC observed by the carrier unless the sa-na
- suspended or modified or set aside by the
OOiiiilSsloh' or be suspended or set aside nv a
-. VI competent Jurisdiction" Concerning this
seo'i0H' MT Tillman says:
around the first pro,,sior a.. 49,. -.
SGseI-lls contention has arisen and there is eras-
and tba OF opinion as TO the scope of this clause
thar On the one hand it is claimed most positveIv
commission ana ,h delegate its powers the
earnest On she other hand it is asserted with equal
tion " asteyer may be the results Of this Discus
6na1 - me senate If the bill becomes a law the
De T mace by the Supreme Court a. ISSUE must
OF judicial review The friends F me question
s1Ststl4h are equally earnest with It's oppopents
fTnIfaa OF capital invested in railways of the
~ 1IIlulan adds that at the same time the people
are demanding relief for producers and sbinners
de declares that IT is the duty OF Congress- ~ hl+
an even balance between these conftctinp and con-
eii0'hg interests Friends OF the railroads contend
% says mat Congress cannot limit the Jurisdiction
a. ~ circuit courts while. on the other hand 1T
Is asserted with equal emphasis that the power 10
create all courts other than the sunraroa Co,,r+
esls a4one In Congress. and that such courts being
statutory are necessarily limited in their scone
anu power by the authority which creates them"
He continues:
! !, myself incline most confidently TO this view.
and have not the slightest doubt that II is nossbI
fT6I1it aiitend ms bill so TO prohibit the
me interstate Commerce Commission by any inter
connection It. As mas already been observed in
Son a4so must be determined by the Supreme
The Senate must determine by its Vote What shall
and S HJln6uae on the questions of court review
al issue as TO giving relief the producing inter
the bill II any decision of the supreme Court shall
1j mat Congress is powerless TO grant speedy
10 tell that an outburst OF surprise and indignation
VIII sweep over the country.
After commenting at length on what he declares |
TO be the existing system OF juggling with railroad
properties "for the robbery OF the Masses" Mr.. |
Tilman says that this phase Of the subject brings
into great prominence and Importance the rela-
ton TO Congress Of the increase IN capitalization
whether II is the purpose Of Congress to compel |
the business industries TO pay dividends, upon
the real value Of these properties but the lcti
tious value which has been sought 10 be placed |
upon them by the increased capitalization" Con- |
corning the application of the bill this subject. |
be says
There Is dangerous provision in this bill which, |
IN nay judgment ought TO be stricken out, and |
nerce Commission is told TO determine and pre-
scribe what Will IN it's Judgment be the Just ana
The last words too elastic and ambiguous, ana
can be construed 10 mean too much that 1t would
into a law Fairly renaunerative rate" on what
the actual value or the fictitious value OF the PToP
because of the immense amounts OF wateTed stock
their lines 10 pay dividend on the excessive capi-
aZation? Is Congress willing to lend itself to the
about this Condition wherein they levy tribute
he business IN fs 5u3 0 t OF ana
Whatever else Congress does or fails to do the
such danger Of being compelled to make good the
values OF overcapitalzed railroads turks in this
faiTg re@ r90ft ''q rates. 'l''','
Vested with the right OF eminent domain to con-
struct their lines, and granted liberal franchises
and charters. the railroads, designed TO be pubic
for the SeHe OF Ine whSg IN 5S
INTO the veriest band OF robbers: highwaymen who
tins and demand money their lives. but who
levy tribute in freight rates which are as high
with brazen ettrontery one Of the prime
their absolute contempt for the people and the peo-
we should incorporate IN the bill an amendment
which viii compel all railroads 10 make connections
With any and every other railroad, public prt-
also provision 10 divorce absolutely the business
the business Of producing freight to be trans
ported.