The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-01-24
SENATOR CLAY
GIVES WARNING
Intimates Choice Necessary Be-
tween Rate Reform and Pub
lie Ownership.
THINKS CONGRESS- CAN
DELEGATE IT'S POWERS
Nothing Wrong in Commission
Determining What Is a
Just Rate.

WASHINGTON, Jan Z3.-Tho question
OF regulating railroad rates occupied
practically all OF the timo OF the Senate
today notwithstanding that no bill with
that end In view has been reported from
the Interstate Commerce committee. The
discussion OF the subject was in conncc-
tion with Mr.. Clays speech Messrs.
Aldrtch, Foraker. Bailey and Ncwlnnds
being the principal participants in add
ton TO Mr.. Clay. himself
Refers to Hearst's Vote.
Mr.. Clay advocated the passage OF a
bill which would give the Interstate Com
merco commission power to regulate
rates when complained OF and said II
there was no legislation along that line
the country might count upon agitation
OF tho question OF Government ownership.
In that connection he referred TO the
large vote given Mr.. Hearst In the late
New York municipal election IA an In
dicauon OF the popularity OF municipal
ownership OF the public utilities.
Aldrich Makes Prediction.
Mr. Aldrich indicated a purpose to op-
pose such legislation rs that outlined and
declared that Mr.. Hearst was the author
making power on the commission, He
| also took occasion to declare that the
| signs of the times point TO the naming or
either Mr.. Hearst or Mr.. Bryan as the
next Democratic presidential candidate,
but when pressed to indicate the proba-
bilities in the Republican party he de-
| clined TO make a prediction and also
| avoided answering query OF Mr. Bailey
| as TO whether the President would be
| candidate for third term.
Platt and Depew Present.
Senators Platt and Depew were In their
! seats when the Senate convened today,
the first appearance OF either one for
| some time.
Both were given warm welcomes and
| were heartily congratulated upon their
| appearance OF being in good health.
AT the conclusion of the morning busi-
| ness Mr.. Clay addressed the Senate on
| his resolution relating to the government
tai power to fix maximum freight charges
| by railroads.
Takes Issue With Foraker.
Mr., Clay supported the proposition that
| the Interstate Commerce commission
should be permitted to regulate railroad
| rates He contended that the railroad
| companies should not be lnterfered with
in the first instance In preparing their
| schedules, but said that when these are
once promulgated there should be a body
! with authority TO modify and revise upon
| complaint
He took Isse with statements made
| earlier In the session by MT Foraker IN
| opposition TO the constitutional right OF
| Congress to delegate It's authority to reg
| ulate interstate commerce. saying that
| on account of the vast number OF COM
| plants liable to arise IL would be impoS-
sible for Congress with its other pressing g
business TO givo anything like adequate
attention to them. Mr.. Clay added:
Congress Couldn't Do 1t.
"Jf Congress should remain IN session
from year TO year, devoung It's entire
time to this work, It would be impossible
| TO pass upon onc-twenticth OF these va
| rlous complaints f1lcd by the American
| shippers against the different railroad
| systems OF our country, | repeat II Con-
| gress cannot pass an act providing that
| all interstate rates shall be reasonable
and just thus fixing a standard and dele
| eating TO the commission tho power to
| hear the facts and carry out the legisa-
| tive will Of Congress, then the American
| people are at the mercy OF the railroads.
Friend to Railroads.
He declared himself friend OF the rail-
| roads. but said that because OF their pub
lie character IL Is proper that they
should be compelled to furnish to the
| public transportation OF persons and
| property that is both reasonable and just.
and power ought to be lodged IN an impair
tial intelligent and broad minded trlb-
unal to pass upon the differences between
| the railroads and the shippers and rem
der substantial justice 10 both.
Sees No Other Way.
And" he added. 'ir Congress cannot
| exercise this power through O commits
sion, then l am at a loss to know how
the people can expect proper relief"
! He declared that the laws granting au-
thority TO State commissions TO revise
rates so as to insure Justice had been
frequently upheld by the courts
What Courts Have Held.
I'm these very cases. he went on. 1T
was claimed that the legislative power
must be exercised by the Legislature IT
| self and could not be delegated to any
| other body, but the courts have uniform
| ~ held that where the Legislature en-
acted that rates shall be reasonable and
| lust the duty OF executing this law OF
finding what rates are reasonable and
lust may be delegated TO a commission
| and that n grant OF such power Is not
a delegation of legislative authority.
Must Delegate Power.
''If such laws enacted by the LegIsIa-
| lures OF different States have been sus-
| tnIned as reasonable, why cannot Con-
| crress enact that all Interstate freight
| rates shall be reasonable and just and
| lenve to the Interstate Commerce com
mission the right and power to investi-
| gate and find out what rate will be II
| proper one. what rate Will be just and
impartial, as between the shippers and
tho roads?"
port OF his contention, Mr.. Clay analyzed
| the law and said THAI IL does not afford
| adequate protection TO the shippers. He
| said.
| Railroads can destroy towns. cities and
| private Industries by improper rates. and
| who will say that power should not be
! lodged somewhere to Investigate intelll-
| gently all complaints. solely with n view
| OF doing justice between the roads and
| the shippers2 The presumption Is shat
an intelligent broad d-mlnded commission
! HAIR GROWTH