Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-03-13
POWER TO FIX RATES
SENATOR CULBERSoN'S ARGU-
MENT ON HIS RAILWAY BILL.
Constitutional Questions Involved Dis
cussed in the Senate-Miscellane-
Gus Bills Passed

Senator Cciberson made two hour legal
Argument in the Senate yesterday afternoon
in support of his railroad rate bill which he
proposes as substitute for the House bill
now before the Senate
Discussing the power In Congress 10 regu-
late commerce, he argued that such poaer
was not conferred by the general welfare
clause. but was confined to the specific pro-
vision of the Constitution relating TO COM
merce.
On principle and as an original question.
Mr.. Culherson said the power TO regulate
commerce includes the power to fix rates of
transportation, because transportation is
cen merce, and TO fix rates is but adopting
rules.
MI. Foraker took issue with Mr.. Culber-
son when he declared Congress itself lad
Construed the commerce clause to give 1t
power to fix rates IN granting a federal
charter TO the Union Pacific railway In
tiiat act 1t reserved this power and IL acted
under the commerce clause in thai legisla-
tioE. This. Mr.. Foraker contended. should
not he so held Congress was acting untier
| It's authority to establish post roads and
provide for the national defense rather than
under the commerce clause. and In fixing
rates was exercising a proprietary power.
Mr.. Culberson answered that Congress
could exercise no other than It's legfsl3 tive
power.
Mr.. Knox called attention TO the fact
| ing to fix any rates outside their borders.
for which point Mr.. Culberson expressed
his thanks.
Remarking that what had given him more
trouble than all else was the language OF
tho majority opinion of the Supreme Court
of the United States in the Northern Secur-
tiles case, wherein it had said IF Congress
has power to fix such rates. and upon that
question we express no opinion seems
to indicate, said Mr.. Rayner, that the court
had never passed on that question.
('IlbgfSQn " reading
of Smith agt. Ames, when Mr. Clay inquired
of the speaker whether he thought Con-
gross could provide that a rate fixed 10y
the commission shall remain in effect until
an appeal is determined by the highest
| court. The Texas senator said he would
reach that point later
asked Mr.. Culberson several questions re
lating to court decisions from which he had
quoted After summing up numerous &c
cisions, Mr.. Culberson said that rate-maklng
was a legislative and not judicial func-
ton
Right of Judicial Review.
The right of judicial review of order
of the commission already exists, and In
herits from the Constitution. said Mr.. Cul-
berson. To incorporate it in the pending
bill, he declared would be bat TO recognize
a constitutional right but would answer TO
purpose that had not already been met
He opposed the use of the term fairly re
munerative'' in the different bills. In re.
Spouse to a question by Mr.. Foraker. re
opposed also the use Of the term Justly
compensatory" and said that both raised
a new standard not recognized in common
law He thought If the term Just .bd
| reasonable were used in reference ~ @
rate to be fixed by the commission there
could be no objection. for this term has
been supported many times IN opinions hy
the Supreme Court.
Mr. Culberson said that Congress had
wisely refrained from fixing railroad rates
throughout their development ana the de
veopment Of the country. but that con-
ditions had changed He said tha- compe-
tition had been destroyed by merger, COM
bination and traffic arrangements. and Tie
interests of the country demand that these
corporations restore TO the pHLitc Nnat
Justly belongs to it. He SPOKE for two
hours his speech being devoted almost en-
tirely to legal arguments. Comments On
extracts from court decisions quoted were
made by MessTs. Foraker. Lodge. Hepburn.
Fulton and others following hir. CuiOer-
sons speech.
The railroad rate bill was then Iempor-
ariiy laid aside.
Miscellaneous Bills Passed.
Bills We're passed as follows: 70 amend
section 400 of the Revised Statutes Ielat-
ing to the inspection of steam vessels.
To construct new light ship at the IN
trance of Buzzard's bay, Mass.
To construct light ship near the east
em end of Hedge Fence Shoal, Mass.
Increasing to S3o,OOp the annual appTorf-
alton for agricultural experiment stations.
Incorporating the Edes Home
Authorizing the bridging OF the Tug Fork
of the Big Sandy river. West Virginia
Extending the public land laws to certain
lands in Wyoming.
Authorizing the construction OF a bridge
between Fort Smelling reservation and st.
Paul. MINI.
Extending the special lea re privileges
authorized for officers of the Military Ac8d-
envy to certain instructors and student Of
fceTs a / service schools.
House Joint resolution for report upon
the preservation of Niagara Falls
Providing for the enlargement OF the pub
lie building at Roanoke, Va
For the removal Of the quarantine station
at San Diego, Cal, and TO acquire a new
sit-.
For the relief of settlers Upon the aband-
onCd Fort Rice military reservation, y. -.
At s:5S the Senate went II TO executive
session and at 5:05 p. m. adjourned