Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-03-01
IN THE SENATE.
CONTINUED from Page One.)

rates for interstate commerce. 1t must
| resort to some plan under which it can
avail itself of the help Of some kind Of
board, commission, tribunal or agency.
| But when it undertakes to do this it
must take heed lest it undertake to
| do it in such a way as to delegate leg
! islative authority and thus make its
| effort unconstitutional and unavailing
for it will be conceded that it is I'M
constitutional for Congress to delegate
legislative power" He pointed out the
departure in empowering the inter-
state commerce commission to decide
| what shall be reasonable rates saying:
ut Is in contravention of our cOnSti-
| tuition to confer judicial powers upon
the judicial department or to confer
either of these powers upon the execu-
tive department"
He conceded that if Congress has the
power to fix rates a commission can be
created and it can be utilized in the
fixing of rates. But" he said. cit can
be utilized only under some such stat
ute IS those enacted by the Legisla-
lures OF Iowa and Wisconsin, when in
1873 and 1874 they passed their respec-
| tive statutes. classifying the railroads
| according to earnings and providing
that the officials chosen to execute
them should, by computation, taking
the classification as a basis, determine
what statutory rates should apply.
That was administrative. The Con-
gress would also utilize the commits
sion IN the fixing Of rates if it should
See fit to resort to the policy of mile
age basis"
Foraker also contended that the en-
actment of the proposed law would
contravene Section 9 Of Article of the
Constitution, prohibiting preference
| in favor the ports of one state over
| those Of another state.
Discussing the penalties provided by
the bill he said they would amount to
$3.50, 900 per month and declared that
the penalties prescribed are of such
bur iensome character as to deter d
| carrier from resorting to courts, except
only where either the case is entirely
clear as to it's final outcome or the con-
sequences of an Obeyance of the order
are of such bankrupting character as
to make it impossible with due regard
| for the rights of it's creditors and
| stockholders for it to submit.
Foraker said that if the bill is to be-
come a law it should contain a court
review provision.
'"To even suggest" he said. that the
bill is filled with unconstitutional pro-
vision or that it will prove impractical
BILE i'm operation is heralded as a spe-
cies of treason and disloyalty to whom
or to what nobody knows The whole
procedure is without precedent in my
| experience and probably in the history
Of the nation. If we are to abdicate our
| functions and permit such an imper-
! feet. ill-advised and ill-considered bill
| to become a law. discredit will attach
| and disappointment will follow. not
| only to chose who desire such legis-
,ation'' as the House committee sug-
| gested. but to all the people.
Foraker added:
ut is not either easy or disagreeable
| to differ with the President. He is the
| head for the time being, not only Of
the nation. but also of the political
party Of which I am proud to be 4
| member. 1 believe that the welfare of
| the nation is most benefically affect
| ed and promoted by the supremacy of
| Republican policies and on this ac-
| count think every man who believes
| in the policies Of that party should do
/ all in his power to secure harmony of
| purpose and unity of action among it's
| members with respect to national af-
fairs
The speaker added that he had ar
| rived ut these convictions after care
| full and conscientious investigation. He
dislik"d to be "arraigned before the
| country by unfriendly critics rs
| prompted by unworthy motives in the
| attitude assumed and to suffer in con-
sequence in the esteem of the people"
1t was far pleasanter to have the ac-
| claim instead Of the disapprObatiOn of
| constituents; but no man who valued
| his self-respect should be swayed by
| such motives. Mr.. Foraker concluded
eff we enacted this measure and it
| proves disappointing as I believe it
| will. the people will not hear US to say
in our defence that We legislated in
response to their demands. They ex-
| Dect their representatives. especially
| in this body with respect to questions
| of this character to act intelligently,
| patrictically ard in accordance with
their Judgment and their oath of office
which binds them to disregard public
| Clamor and legislate for the public
welfare as they see and understand it.
| We owe it to ourselves as well as to
our constituents to meet this just ex-
pectation.''
Foraker spoke for almost three
hours. When he concluded at 3.15 p.
NJ. the joint resolution of the contin-
| uaEce of the present tribal government
of the five civilized tribes of Indians
until next June. offered by Aldrich.
was taken up and Clapp offered a sub
stitute which provided that the tribal
existence and tribal relations the five
tribes should continue unaffected until
all property of such tribes or the pro-
ceeds thereof should be distributed
among the individual members
The presentation Of the substitute
provoked debate. which was participat.
ed in by MeSsrs. Clapp. Clark. wyo.,
McCumber. Bailey. Teller. Spooner and
Others. Mr.. Bailey said that he was es-
pecially averse to placing the control OF
the Indian lands in the hands OF the
secretary of the interior. He did no,
believe that any secretary should b.
given such roVer .hut' ba cold ..;r ,