Daily Kennebec journal., 1906-01-17
RAILROAD RATE QUESTION IN SENATE.
Has Congress Right to Fix Rates
and the Courts to Determine
a Reasonable Rate?
IN THE SENATE.

Washington, Jan. 16.-UneXpectedly
the Senate today found itself consid-
ering the railroad rate question which
was precipitated by Mr.. Fulton's TAX
ing the floor to make a brief speech
in explanation of an amendment Of
fered by him to the Dolliver bill. Civ
ing to courts of justice authority tC
modify orders of the Interstate Com
merce Commission imposing an un-
reasonable rate. He had not proceed
ed far when he was switched from q
general explanation of the terms OF
the provision to a defense of the prin-
ciple which it seeks to establish and
general debate followed. Mr.. Full
ton held the floor throughout but there
was many Interruptions and other SEN
atOrs fully shared the time, among
them being Messrs. Foraker, Spooner
Bailey and Clay. The trend Of the
controversy was all toward the point
as to whether Congress has the right
to delegate it's authority to fix rates
what is a reasonable rate Mr.. Fulton
contended that the courts may legiti-
mately exercise this right.
Mr.. Scott made brief speech in
support of the Merchant Marine ship
ping bill and Mr.. Hepburn gave no
tice that tomorrow he would ask the
Senate to name 4 day for voting on
the pure food bill.
The Senate in executive session Tues
day confirmed the following nomina-
tionS: Geo. w. Atkinson, West Vir-
ginia, judge of the court of claims
James +. Tracy, New York, associate
justice of the supreme court of the
Philippine Islands.
At the instance of Tillman a resolu-
tiOn was passed directing the Senate
committee on naval affairs to inquire
INTO the practice Of the navy depart
ment with respect to the employment
of competent pilots for naval vessels
The resolution directs specific investi-
CATION into the "groundings and col
lisions which occurred on the seventh
instant to three out of five of the most
valuable vessels OF the navy with no
pilots on boards while passing out of
New York harbor with only one pilot
for the entire fleet"
Culberson presented a resolution call
ing upon the secretary of war for in
formation as to whether any officials
of the Philippine government or officers
of the United States army own lands
in the Philippine islands, but under OBJ
lection 1t went over without action.
Fulton called up and spoke on his
proposed amendment to the Dolliver
rate bill, giving courts power
to modify orders of the Interstate
Commerce Commission, when such or
ders are confiscatory. He said that
the provision was intended to pre-
vent the enforcement of unjust de-
crees and argued that as the bill stood
In case such order should be issued.
it would be impossible for the COM
mission to change it until after great
delay with consequent great expense.
In response to a suggestion by Clay.
he contended that the amendment did
not confer legislative functions upon
the courts. He said that only Con-
gress had power to fix rates, but that
it could enact as delegating the au-
thOrity. He said in response to Il uues-
ton from McCumber that he did not
consider the determination of what
was reasonable rate in a given case,
CONTINUED on Page Two.)