The independent., 1906-03-29

one oil the aDleSt constitutional law
yers of the day, and although younf
man has had very extensive legis
lative experience and has come tt
be regarded by the whole country as
one of the really strong characters In
congress, Is working hard to make
this measure a beneficial one for the
people, one that will benefit them sub
stantially instead of bringing to them
disappointments as has been the case
in railroad legislation heretofore.
Mr.. Bailey recognizes the right o1
the corporations under the constitu
tiOn to make an appeal TO the supreme
court but he considers 1t necessary
to so amend the rate bill that the dis
trict and circuit courts OF the United
States cannot issue injunctions or
suspending orders against the DEGREES
OF the commission when, they had de-
termined upon reasonable freight
. rate. He has introduced two amend
ments which covers this point which
are as follows:
"A rate or charge which shall af
ford a just compensation to the car
rier, or carriers, for the service or
services to be performed; and regu-
lation or practice which shall be just
and reasonable. The race, or charge,
regulation or practice SO. determined
and prescribed shall ne the only law.
ful rate or charge, regulation or prac-
tice, and the carrier Or carriers shall
not thereafter demand or collect any
other rate Or charge or follow any
ut hnp a nj: .af,f
The other amendment provides
Any carrier, or person, or corpora
ton, party to such complaint and dis
satisfied with the rate or charge, regu-
latiOn or practice, SO established and
prescribed, may file bill against the
commission in any circuit court of
the United States for rae district in
which any portion OF the line of the
carrier or carriers may be located al
leging that such rate or charge will
not afford a, just compensation for the
service or services to besperformed, or
that the regulation or practice is un-
just and unreasonable; and If upon
the hearing the court shall find that
such rate or charge will not afford a
just compensation for the service or
services to be performed, or that the
regulation or practice is unjust and
unreasonable, it shaf1 enjoin the en-
forcement OF the same; provided,
however, that no rate or cnarge, regu-
lation or practice prescribed by the
commission shall be set aside or sus-
pended by any preliminary or inter
locutOry decree of Order of the court.
CniI int rYxo her
cedence over all other cases on the
docket of a different character, and
the court shall have power to make
orders to secure the attendance of
persons from any part of the United
States, and the existing laws relative
OF evidence and proceedings under the
acts to regulate commerce shall be
applicable. Either party to said pro-
ceeding shall have the right to ap-
peal directly to the supreme court of
the United States, and such appeal
shall have precedence in said supreme
court over all other cases of a diff
ferent character pending therein"
Senator Spooner of Wisconsin is
again working hard IN his character
iStic roll as comprOmiser. The
senator is an able lawyer possessed of
great cunning and experience and
whenever compromise is made on
any suggestion from Spooner, Spoon
er's side wins and the opposite side
loses.
The politicians here are consider
ably disturbed over the attitude of
the labor leaders who are demanding
legislation in the interest of labor.
Here again congressman find them.
selves in trouble because of their cor.
poration obligations and their fear
of the labor vote. They have sue.