The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-08
SENATOR'S DISCUSS RATE BILL.
mr.. SCOTT FAVORS JUDICIAL RE-
EVIEW or TARIFF.
Mr.. CsH6D Of Minnesota Argues That the
E6Her OF Congress 10 Regulate hates
= ID or Through n Commission seems
- Longer a subject Of Inquiry

~ Longer a suDJect " inquiry
W4sHTSoToN, March 7.-Senator Scott
cf Vest Virginia addressed the Senate
to-day on the Hepburn railroad rate on
M. Scott opposed giving the ate making
lpower to the Interstate Commerce COM
mission without a broad and general court
revision. On this point he said;
Judging from the past. ! am led to the ron
clusion that the Interstate commerce com
mission would. II it had the power. establish
at once the principles of the mileage tarIh
and Of natural location. Therefore. | can not
agree that n political commission appointed
by n President, open TO change at every
general election. should have the power 20 NIX
railroad rates on any such theories NeIthei
do I think, Mr.. President. that the country
wants such a system of rate making. LOT l
do not think that rate making is the remedy
for the evils which exist. That there are
evils ! have tried TO point out. and | believe
that 1t is the duty of Congress 10 eradicate
them: to make 1t plain that the railroads must
be public carriers, free TO all; that one man 3
product must be hauled as rapidly ana freely
as another's; that there must be no reoates'
no personal determinations, no ownership
OF the great necessities OF HE. lhese are
evils that are to be met and remedied' Inc
small operator. the small business man. must
nave the TlRnt Oh lHNlllE lS p'N'
ditiously and freely handled. -,
1 realize. however, TINT there is a demand
that the Interstate Commerce Commission
should be given authority in the matter ana
for that reason | am In favor OF granting
IL a power to fix rates when conditions re-
ouIre IL. | am absolutely and unequivocaly
opposed to giving them that power without
provision for a broad and general court re-
vision, TO which the shipper and carrier can
II -. .... n,t, n Tod 10 unfair 70
either. | hold TO such a revision OF the court,
aimee the history Of the Interstate
Commission has shown to my mind that the
mower of the court TO review their DECISIONS
has simply saved this country from the eA-
perience OF European countries. mat eN.
perience has shown that determinations OIL
a more serious nature than we nave exist
and prove conclusively that the results coming
TO us, had the Interstate Comm's,
sion the power TO enforce its decisions Wouiu
have been disastrous beyond comparison.
Senator Moses Clapp of Minnesota also
addressed the Senate On the rate regulation
bill. Mr.. Clapp is a member OF the inter
state Commerce Committee and voted with
Senators Deliver and Cullom and the DEM
Gratis to report the Hepburn bill without
amendment Mr.. Clapp's speeen aea i
with the constitutional features OF the bill.
He said:
The question of governmental regulation
IA M longer an open one with us. We en-
barked upon that almost twenty years ago
The authority of Congress Is found in the
fact that In those powers conferred upon
Congress the power of Congress becomes
plepary, as absolutely so as in any other
sovereignty, and restriction upon that power
Il must be sought for in the constitution Nsei
y The power of Congress to regulate rates
4 Ah-o,-h n communication would seem 10 De no
longer a subject of inquiry. The exercise
of hat power. unchallenged as to the power
itself for the last twenty years. is supple
mcnted by the declaration of the supreme
Court that Congress itself might prescribe
the rates or might commit to some suoordi-
nate tribunal this duty.
Objection is made to the hill that 1t is I'M
constitutional in that it provides a severe
penalty. of which it is urged the mourning
4 thereof Ia the price which the carrier must
poesibIy pay to take a suit into court, But
this objection has been carefully guarded
against by a provision OF the Dill which
proyides that the order of the commission
shall go into effect unless 1t is restrained
or vacated by the court. While a cltlZet
subject to penalty for violation OF the Ia"
may take his risk in a temporary Restrain
ing order, which If he fails to make good
NAV subject him to the penalties which have
been temporarily suspended, yet no sucl
case arises under this law. for under thi'
law there is no order to violate If the court
mikes it's restraining order, The act oil
the court in such a case would be limited
10 the restraint by the court OF the enec'
temporarily of the action OF the commission
But in conjunction with the act oil the cour'
comes the act of the Congress, which, speak
inc for tho Congress, declares that the order
shall not be in effect If suspended, presenting
n very different case from that where the
law was silent after prescribing the penalty
At the close of Senator Clapp's speech
there was an interchange OF opinions be
tween Senator'S Tillman, ,Clapp and Bailey
over the clause of the Hepburn bill
which provides that an order of the Inter
state Commerce Commission shall take
effect within thirty days after notice to tbs
carriers. unless such orders shall have
been suspended or modified by the com
mission or set aside by the order or decree
of a court of competent Jurisdiction.
Mr., Tillman inquired of Mr.. Clapp If the
CLAUSE referred to gave the courts the power
20 suspend the rates pending the determi
nation of an appeal to the courts for a re
straining order.
factory to Mr.. Bailey, h inquired:
aDoes the Senator from Minnesota be
lieve that Congress can provide in this bill
that no i~nterlocutory decree or order shall
suspend rates prescribed by the com
MI. Clapp-I should dislike to risk such
O provision.
Mr.. ~Bailey-Then would not the Senator
be willing to Join those OF us who sincerely
desire to avoid n suspension Of the rate
in drawing and adopting an amendment
which does provide that the court shall no
s,Ispend them by an interlocutory decree
and vet so write it in the law that II the
supreme Court should take the ground tina
Congress had no constitutional power tC
enact such provision they could cut it GU
Of the law without mutilating the act very
much?
tin,Ied, Il nave no doubt hal Congress car
provide against the issuance of an inter
l%ocutory decree or order suspending thes'
rates, The Supreme Court has more thar
once declared that all courts below i
possess only the jurisdiction conferred uPol
Them by Congress. Now if Congress doe
not choose to confer upon a Circuit Cour
of the United States a jurisdiction whicl
is ordinary and usual and which, excep
in a great case like this, | would not mysel
think necessary or proper to modify, il ha
mower to with hold IT,. IL we cannot d.
this. the whole bill might as well be left t.
sleep upon the calendar, because II is not
In NV opinion. worth the time and tn
trouble involved in its discussion ant
massage.