Los Angeles herald., 1906-04-07

cannot afford to take this risk without
the law guarantees them protection,
! and the people look to congress to pro-
vide this protection in the bill under
consideration"
Question of Court Review
He expressed the conviction that
there should be a definite provision in
the bill denying the power to COM
mission to fix a rate between locali-
ties on divergent lines. After consid-
ering the question of court review at
some length, Mr.. Elkins announced his
conclusion in the following words
First, that any legislation attempt
ing to confer upon the interstate COM
merce commission the power to fix
rates will be unconstitutional unless it
prescribes the standard of charges
which shall CONTROL and requires the
commission to conform thereto in fix
ing rates.
Second. that any legislation at
tempting to fix rates would be uncon-
stitutional whose practical effect is to
deny to common carriers the right to
invoke and obtain due time, the pro-
lection of the courts from being COM
PEELED to transport persons or property
at rates which violate the carriers
constitutional rights"
He declared that the pending bill
works a clear delegation of the con-
gressional power to fix rates, and
added:
"It would seem, therefore, neces-
sarily to follow that the provisions of
the bill Sonferring rate fixing powers
upon the commission are unconstitu-
tional"
Mr.. Elkins entered upon a long ar
gument to show that no procedure is
possible under the bill whereby the
carrier may initiate any proceeding in
which it can obtain adequate relief
against an order of the commission.
Tilt With TiIIman
There was a general discussion of
the West Virginia senator's amend
ment requiring a proper distribution
of the cars of any given company, al
leging that such an amendment would
be difficult of enactment. Mr. Till
man was among the speakers who par
ticipated in this controversy. During
the progress Mr.. Elkns referred to
the pending bill as Mr.. Tillmans bill.
Mr.. Tillman earnestly disavowed re-
sponsiblity for the measure, and Mr..
Elkins responded:
You have got it fastened on you
with all the disgrace attending it."
II repudiate the intimation that
there is any disgrace attached to an
effort to secure a reasonable rate bill"
responded Mr.. Tillman, and after he
had entered somewhat on his attitude
Mr.. IGlkins replied that Mr.. Tillman
had an undue idea of his responsibility
to the public. He said that his an
tagonist acted as if he thought he
carried the people in his vest pocket
and must take them out every morning
to assure them of his continued pro-
lection.
"Oh." responded Mr.. Tillman, 81
hope the senator is not disgruntled
because some petitions have been sent
me from his state concerning railroad
conditions"
Mr.. Elkins declared that he was not
in the least troubled over the matter
of the petitions, but added that he did
feel disposed to protest against Mr..
Tilman's attitude as the only friend
of the people. He wanted it understood
that he, too, was friend of the people.
Mr.. Elkins took occasion to say that
he had meant merely as a jest his re-
mark of an hour before that the
handling of the rate bill was disgrace
to anyone.
81 accept the apology" said Mr.. Till
man.
Senators Rayner, Allison and Nelson
discussed the railroad question with
the president today
The following bills were passed.
Authorizing the disposition of gov
ernment property in Hawaii; incor
poratng the archaeological institute
of America; authorizing a cable from
Key West, Fla. to Guantanamo, Cuba,
and thence to the isthmus of Panama
for governmental and commercial bus
mess at a cost of 1927, 900; authorizing
appeals to circuit courts of appeals
from interlocutory orders of circuit
courts in cases involving constitutional
questions; increasing from 100000 to
$97, 900 the limit of cost of the public
buildings at Reno, New.
At 450 p. m. the senate went into
executive session and at 8 p. m. ad-
journed until Monday.