The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-05-19
RafeBiu ent
cough Senate

Trough $500;
(conrnuee rom page Ores
distributed more evenly and ne
thought If there were not 50 naaays:Is q.
terruptons by Senators who had a.
ready spoken the amendments coolcl
be disposed OF early today and me r's
senate could have Saturday and sun On.
day for a much needed rest He also,
said that underrhe terms OF the aST 'see-.
ment there would be no Limitation 10
the debate after the amendments ss
out Of the way
senator Daniel made the first
speech on he Teller provisions y
ing the position that the presence OF
the words IN its judgment" ou1sS
have the eject Of vitiating the BIZ Las as
had been contended He declared ID
deed, that neither the presence nor Sae
absence OF the words could a1ecr toe
measure. -.If,-' he said, ",he words axe
retained the commission wiz have e1-
plicit authority to doswhat II Dnsf
necessarily do # they are onaitrec
He said that as far back as 1879
Chief Justice Marshall had interpreted
the right OF Congress to delegate its
power and the rule then laid doWn
had been followed in innumeraole
cases. He also referred to the receo-
opinion Of Justice Brewer In the Mich aa-
iean tax case, saying that in that case
the Justice had used.worts which bis
own sense of propriety had led him 70
withdraw He added thar a furtaez.
consultation of Justice Brewers de-
cision would do much to set r1Snt$taee
minds Of those SO fond OF catching
at such trfvialities as an opinion taar
was never delivered.
Senator Long also advocated the <e
tention Of the words. agreeing WIKI WIKI
Senator Allison that they consotals
part Of the judicial review conte-r-
plated by the bin.
3 Senator Spooner3 expressed doubt as
to the wisdom ofzthe provision II 3
open to doubt and challenge" he satc.
and went on to say that no1withseanc-
ing his doubts he5would vote 1o- TIE
bill because he wanted to see some t:tTs
enacted that would give the courts a.
opportunity to pass on the question y
delegated power He recognizes. thai
Congress could not itself undertake
to fix, hence the importance OF having
definitely settled the scope OF he
Congressional authority to confer ITS
constitutional power on another c2cy.
ne also quoted the Supreme court in
the Michigan case, saying rha@ ~aat
was left in was accentuated By what
was left out If" he concluded
was left to me as sa.lawyer 10 say
whether the words should be retained
I would not dare to take the respo2ss-
bility Of leaving them in :
Senator Fulton advocated The re
tention OF the words. saying So far as
the Supreme court decisions 90 they
sustained its right to confer It's 20
thority. Senator Bacon was OF So21n-
ion that the words weaken the Dill ard
therefore advised that they he eilu'-
mated. Senator Morgan would have
the words stricken out because they
cast doubt on the bill
Senator Lodge said there had ocf
been any understanding that wocic
bind him to keep the debarable WORDS
in the bill. and understanding or aS
understanding, he wanted the woes
stricken out IF the words remain
and the law is declared unconscto'
tional the people will declare
fraud and Congress viii be held 70
sponsible." he said
In reply TO Mr. Foraker. Mr. lc5se
said he knew nothing abo-s any s,sSss7'es'
tment. he had beea SHOWN 'i2e e y: =:
son amendments and had SAID 1ss- e
\ approved them but.-,rs.lid no'z 90 t7-
! Their.
Senator Foraker sail: also '',2r ht
hpew OF no such agreement.
Senator Long said that Senator PIE
son had stated Se--e"iay tj:ss- the &c
tention Of the wor;1 in rs Judgment
was part Of the amendments o.i.se:.,e
ed BY him.
Senator Carte announce! h'e q
tention to vote against the re'ea1io-
Of the words. knowing i.lat rhe amend
nent would be ,'sa.t with in con-e-
ence. Senator Si-,:raoas wa-.t',;1 th'e:c
stricken out because tncE VIII o-fs;
words in the bill ..earsr judicial Pew
ers on the bill csnf.:- judicial Ein1asp;
ers on the commission
r,,o ,~a-lrapr- Wac -aF0rf6G 50 Il