The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-05-18
2yttW. w. Jermane.

Washington, May 1S-Will the re-
tention In the rate bill of the words
Gin its Judgment, as applied to the
interstate commerce commission, with
a view to giving it larger discretion
than it otherwise might have in the
validate the entire rate lawg
That question was raised in all Sc
robustness in the senate late yesterday
afternoon as the session of the day was
drawing to close, and for an hour it
was debated with remarkable earnest
ness by the friends of the proposed
legislation and those popularity supposed
to be at heart opposed to it.
So far as the debate is concerned,
the side contending that the words will
render the act null and void had the de-
cided advantage. but the subject was
not concluded. The hour Of 6 pm. hav-
ing arrived, and the senators being
weary with the long sitting, the session
was adjourned. .. .-.-.-
. Question Gravely Considered.
The men who .contended that the
words would nullify the rate law repre-
the senate and so many unrelated
groups of senators, that the question
naturally arises whether there is not
something in the point which they
The debate was precipitated by Sem
ator Tillman, with the aid Of Senator
Teller, Mr.. Tillman, when the senate
had reached that section of the bill con-
tanning the words in question, arose
explain why the words had been re-
tanned in the bill. If there were rea-
sons for their retention, he wanted
them stated. These words had occa-
stoned him much uneasiness. He feared
that they would be destructive of the
general purpose of the legislation, and
for one he wanted his skirts to be clear
of all responsibility for them, and that
responsibility assumed in public by the
proper person.
Mr.. Tillman's appeal for an explana-
ton did not arouse much interest, and
there was danger that the matter would
90 over without discussion when Mr..
Teller arose and announced his agree.
ment with what Mr.. Tillman had said.
He, also, wanted the words explained
by somebody who stood for them and
in order to bring the matter properly
before them, he moved their elimina.
' Allison Defends Phrase.
This set the ball of debate in mo.
ton. Mr.. McCumber of North Dakota,
| in a speech of ten minutes, expressed
himself as being in serious doubt as to
| that they would be fatal to the bill be-
cause they would confer upon. a COM
mission that legislative discretion
which only the legislative body (con-
gress) was authorized to discharge.
| Mr.. Allison, called to his feet by Mr..
Tillman, defended the words, which he
said were important in that they would
tend to narrow the review by the courts
of the commissions orders.
He said these words should be read in
connection with the so-called Allison
provisions would restrict the review
power of the courts to such point as
| had been contended was proper point
| by the administration forces.
Mr.. Dolliver, called to his feet by
! Mr.. Teller, entered upon an elaborate
defense Of the words, saying that the
courts would not review a discretion
confded in an administrative body, un-
less that discretion had been grossly
abused. Attorney General Moody and
the present members of the interstate
commerce commission agreed that the
words should remain in the bill and
they were all good lawyers and familiar
with the rate question. Besides which
| MT. DOlllVer SAID LndI sIue WoIuo udo
been copied from the Massachusetts
statute, which gave the railroad com
mission in that state the right to fz
milk rates. He further defended the
words by saying that they were con
tanned in the rate bill introduced il
the senate by Mr.. Knox.
i Mistake, Says Knox.
4 This last statement brought Mr.
Knox To his feet and he talked for ter
Hnntinnod on o.. para Lot Colnrn