The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-01-17
SENATE TAKES Up
RATE QUESTION
Quite Unexpectedly Discovers
Itself Considering the
VeXed Problem.
POINT OF COURTS RIGHT
TO FIX FUTURE RATE
Heyburn Asks Senate to Fix Day
for Voting Oh Pure Food
Bill.

WASHINGTON, Jan. 6.-Unexpectedly
the Senate today found Itself considering
the railroad rate question. which was
prccipitated by Mr.. Fultons taking the
floor To make brief speech in explana-
ton OF an amendment offered by him TO
the Dolliver bill, giving TO courts Of JUS
tIce authority to modify orders of the In
terstatc Commerce commission imposing
an unreasonable rate. He had not pro-
cecded far when he WAS switched from
a general explanation of the terms OF
the provision to a defense Of the prin-
cIple which its seeks to establish and q
general debate of the bill followed
Others Share the Time.
Mr.. Fulton held the floor throughout.
but there were many Interruptions and
other Senators fully shared the time,
Spooner, Bailey and Clay. The discussion
was listened TO very attentively by oil
the Senators. showing the great interest
that is felt on the subject, The trend
OF the controversy was all toward the
point as to whether Congress had the
right to delegate its authority to fix rates
and whether the couI\s may determine
what is a reasonable rate. Mr., Fulton
contcnded that the courts may legitimate
IL exercise this right,
Mr. Scott made a brief speech In sup.
port OF the merchant marine Dill, ana
MIR Hepburn gave notice that tomorrow
for voting on the pure food bill.
Fulton Discusses Rate Bill.
Mr Fulton In discussing his proposed
amendment TO the Dollivcr railroad rate
bill said that the provision was Intended
TO prevent the enforcement OF unjust de-
Crees and argued that as the bill stands
new In case an order should be Issued
II would be impossible for the commis-
sion 10 change 1t until after great delay.
with consequent great expense.
He said In response TO n question from
Mr. McCumbcr that he did not consider
the determination of what was a reason
able rate In given case matter Tor
legislation, but rather for judicial deter
mination.
Thinks It Judicial Function.
Mr.. Foraker also took the view that
such action was necessarily judicial
function and said that courts liking such
rates should have authority to enJoln
greater rates than those liked by them,
Mr.. SpoOner defined the present status 10
be I'm accordance with decisions OF the
Supreme court that the courts had the
right To determine what rate was rea-
sonable In designated cases. but that the
fixing OF rates for the future was neces-
sarily not a judicial function.
Mr.. Bailey Agrees.
Mr. Bailey agreed that the courts lad
power to enjoln unreasonable rates,
whether too high or too low, but urged
in hand and by Its decisions make regu-
lations for the control OF others than
those Interested in the given proceeding.
Mr. Fulton urged that the courts were
daily engaged in fixing future rates and
quoted authorities In support of the prep
osition that the courts may fix reason
able rates and argued that the prcpon-
derance OF precedents was favorable TO
that position.
Can Confer the Right.
Mr. Spooner interrupted Mr. Fulton to
say that he had stood with the latter in
the opinion that the courts had a right
to determine what was a reasonable rate
when they had only held a rate not TO
be unreasonable. and, proceeding, Mr..
Fulton said that he was not prepared to
say that without some legislation the
courts would go to the extent of fixing
rates, but that he believed that Congress
has ample authority to confer upon tncm
the right to do so In given cases.
He argued that there was no more ex-
ercise of Legislative power In fixing rea-
sonable rate than in determining an TN
reasonable rate.
Why the Commission?
Mr.. Spooncr asked Mr.. Fulton why, If
the courts are TO pass on the question
OF rates, they should not be asked to do
so in the hrst instance. Why, he asked
should commission intervene?
Mr. Fulton said that he believed the
findings of tho courts could not be made
,
the commission would tako much work
on the hands of the courts
Mr.. Clay suggested that a commissio
could do the work at much less expense
but Mr. Foraker said that II was pro-
posed TO change the law. throwing the
responsibility upon the Government.
For Memorial Bridge.
When MI Fulton concluded Mr., Daniel
called up the bill providing for the con-
struction OF n memorial bridge across the
Potomac river at Washington and appro-
priating 100000 for beginning the work
and II was passed.
Mr. Bailey gave notice that he would
make reply tomorrow To Mr.. Spooncr' g
contention as 10 the authority of the
courts In the matter OF determining rates.
saving that the entire question was In
Nolved in that point
The Merchant Marine bill was then laid
before the Senate, and Mr. Ga!lnger
urged carly attention TO this subject
Mr.. Scott spoke In support of the bill.
The pure food bin was then taken up.
and a number OF committee amendments
were agreed to
Hepburn Gives Notice.
Mr.. Hepburn gave notice that after the
conclusion of the routine business tomor-
row he would ask the Senate to flx n day
Tor taking vote on the bin.
AL i:G2 p. m. the Senate went into cX-
eXutive session and at i.10 adjourned