The Montgomery advertiser., 1906-05-29


 last in voting mo" on the passage oi
 the bill in the Senate. This extract
 relates to the no-jury trial feature oi
 the rate bill:
 H Mir. Morgan said:
 Mir. President: wish to address the Senate on some existing conditions and Fl the remedy under consideration for
 their reformation. will confine my remarks to the bill now before the
 remarks to the bill now before the Senate. without reference to any amendment that has been proposed to 1t. as no amendment has been suggest
 cd that removes my difficulties, in eiv- ing it my support. There are vital con-
 stitutional questions presented in this
 bill that have been. carefully ignored
 in this debate that cannot be sup II pressed. The bill claims to be an amendment of the existing laws. In fact it is a III reroHl ,af thet jaw in. some of It's vital
 repeal of that law in some of its vital II principles which are in its actual reci- If taIs based upon the express language I of the constitution of the United states. I These principles, which relate express i iy to the right of trial by jury and to l the constitution separation of the jur- l isdiction of the courts of law and I courts of equity, are excluded from this bill and repealed by It's provisions. for
 the manifest purpose of preventing the | people from exercising the right to de- | mand jury trials in the federal courts I and in all other court son the questions 1 of rate charges of railroads engaged in | the transportation of interstate com l merce. The reasonableness of such rates is always, a question. to be tried by trvy that no state or federal court can take away from either party to a suit when the remedy at law is plain. a fo and qaynn1afp VerdictS of juries settle all questions of the reason ableness of charges by common car riers in suits in the courts of law. and their verdicts are final when they are not set aside on motion for new trial These rights. secured by the seventh amendment and SO stated in the exist ing law. are stricken out of this bill. The text of the existing law on this subject that is stricken out Is as foi- lows:
 sTf the matters involved in any such order or requirement. of said commits sion are founded upon a controversy requiring a trial by jury, as provided by the seventh amendment to the con- stitution of the United States, and any such common carrier shall violate or refuse or neglect to obey or perform 1 the same. after notice given by said commission as provided in the fifteenth l section of this act. it shall be lawful for any person or company interested | in such order or requirement to apply | in a summary way by petition to the I circuit court of the United States sit i ting as a court of law in the judicial I district in which the carrier complained | of has it's principal office, or in which l the violation or disobedience of such l order or requirement shall happen, l alleging such violation or disobedience. | as the case may be; and said court | shall, by it's order, then fix time and i place for the trial of said cause. which | shall not be less than twenty nor more l than forty days from the time said l order Is made, and 1t shall be the duty l of the marshall of the district in which I said proceeding is pending to forth l with serve copy of said petition and I Of said order upon each of the de- l fendants and 1t shall be the duty of I the defendants to file their answers to I said petition within ten days after the l service of the same upon them as | aforesaid At the trial the findings of | fact of said commission as set forth in | it's report shall be prina facie evidence l of the matters therein stated, and if either party shall demand a jury or shall omit to waive. jury the court shall, by its order, direct the marshal | forthwith to summon jury to try the I cause; but if all the parties shall waive
 . jury in writing. then the court shall I tFY the l&BQ6G III Sdt0 C0OSC anu AOhASA | it's judgment thereon"
 1 or get rid Of trial by jury this | amended bill also destroys the con- I stitutional boundaries between federal | courts of law and courts of equity by | conferring power upon federal judges | sitting for the trial of equity causes to | hear and determine causes in which | the remedy at law IS plain, adequate. l and complete. ,y -~er
 The direct assault upon the consti- I tuition Is necessary for the success Of l this new plan of 1egislat ion. It can not succeed unless 1t can ride down or | evade the. express provisions of the constitution os the United States, which l define and protect the judicial powers | of the courts created by the constitu- | ton, and all it's important provisions are framed for this purpose. | In a land of laws, where all rights, | all property, and the lives and the | liberties of the people are under shelter | and protection of laws enacted in pur-
 suance of the constitution. the enort l is made, in supposed obedience to the win of the majority, which is a wild and mistaken fisconception of the popular will. to destroy or ignore somo | of the most substantial Foundations or our constitutional organism as free | government.
 | of trial by jury. and I cannot vote to compel 1t.
 All this is being done to establish | and equip a national railroad commits sion which, when it has attained to its full powers, will, through political con | troI and exploitation, embody and exert 1 a power in the rule of the country | greater than all other powers. It will have and will hold the mastery over | the federal government. and over the states. under the principles on whlch | this measure is based. never to be re- linduished or destroyed. Once the rall- | roads have full control of the com mission and are furnished with the comnrlsory powers vested in 1t by this hill. which they will soon acquire, they will compel obedience to their rule, | and if the laws creating them snould he changed hereafter, it wAll only De done to increase their power. Hhey | will see to it that changes in ten law l in inc future will be made in that d. | reetion.
 If the combined capital of the con | trollers of the so-called "inter-state te
 railroads" is sufficient to sustain thelr | employes for six months, or for three
 months a strike-a refusal to transport | commerce. among the states except l mon their own terms-would tax all | transnortation and affect the facilities | of commercial intercourse to an extent | that would bring all their opponents | to terms; and there is no power in thls l act to compel them to continue Tn tue l business of through transportation. Tn the absence of such power the law will
 he futile and will fall of execution. No wisdom or forecast or tuture
 events that may arise from known