The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-03-30

washington, w hdICu GOV 0eu LUc
senate met today Mr. Lodge offered an
amendment to the railroad rate bill,
making it apply to pipe lines for the
transportation of oil.
Mr.. Daniel presented an amendment
to the same bill making railroads liza
BILE for damage to employees.
Mr.. Tillman presented his daily COM
plaint of discrimination by railroad
companies. The complaint in this in
stance was against the Kanawha and
Michigan Railroad company, and the
Hooking Valley road in West Virginia,
which it was declared, had prevented
the development Of other mines than
their own.
The resolution presented yesterday
by Mr.. Tillman calling upon the in
terstate commerce commission for in
formation relative to free transporta-
ton, including tickets issued to news
papers in pay for advertising, was
passed without opposition
4uc Idte Ulll was Iucu taken up
when Mr.. Knox, of Pennsylvania,
making his first set speech, said he
agreed with those senator's who con-
tended that the power to fix railroad
tolls is legislative power and that
when the legislature had laid down a
rule, for the establishment of rates,
the application Of the rule to specific
cases is a matter of administration
which may be delegated to commits
sion, and that the power to investi-
gate the reasonableness of a proposed
rate, and to fix a rate for future OBJ
servance, is non-judicial power,
which cannot be conferred upon
courts exercising the judicial power of
the United States.
He said that his bill, introduced
some weeks ago, comprehends and
deals with the mischiefs for which
congress is seeking a remedy more ef-
fectually than any measure yet
brought to the attention Of congress.
1t was drawn up on the theory, he
said, that general words in a statute
which are sufficiently comprehensive
to cover the evil aimed at, make better
and more effective legislation than spe-
cific prohibition of the evil in the
forms in which it has appeared.
Il have no hesitation" said Mr..
Knox, 'in saying that bill drawn upon
the theory that the orders of the
committee shall be final and used in
the courts would be unconstitutional"
In his bill he said he had undertak-
en- to preserve the constitutionality
of purpose of the measure, and to throw
around the provision for the review
such constitutional restrictions and
terms as would prevent unnecessary
or frivolous appeals to defeat the end
of remedial legislation. He thought
the weight of an order Of the commits
sion. made upon the authority OF an
act of congress, would prevent courts
from granting injunctions suspending
order, unless abundant proofs were
submitted to justify such course.
Mr. Knox bestowed warm praise up
on the men who prepared the pending
bill, but he said he was sincerely con-
vinced that as it now stands 1t ut
terly fails TO accomplish their bsne-
fetal purposes and indeed, wholly de-
feats them"
The conclusion seems inevitable"
ne said, that unless some special
HcLuOu OI pIoCcuuIc 10 plOsiucA to- AZ
the act which will afford TO carrier
the right 10 have an order OF the COM
mission effective. reviewed and dealt
with by the courts, no effective RENE
dy is available"
Discussing the differences which
thus far have prevented any agree
ment between the two factions, Mr..
Knox said:
"But for the seriousness OF the situa
ton, the matter would be most ludic-
rous. Both sides agree that the right
should exist; one holds that 1t Il In
the bill or exists independently, the
other that Ii is not in the bill, but
should be- and yet the former. for
some mysterious and unaccountable
reason. objects to an amendment
which would place the matter beyond
doubt II would be a reproach to all