The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-05-04

Washington, May 1.-The proceed
ings in the senate today included an
extended discussion of the railroad
rate bill by Mr.. Daniel, an explana-
ton Of the status of the appropriation
for the relief Of the earthquake SUI
ferers of California by Mr.. Allison,
and controversy among several Jena-
tors as to the propriety of adopting
without referring to a committee a
resolution rendering the thanks of con-
gress to General Horace Porter for lis
services in rescuing the body of John
Paul JOnes.
M. Aldrich opposed action in ad-
vance Of committee consideration and
succeeded in having the measure re-
ferred to the committee.
In his rate speech Mr.. Daniel sup
ported the right of congress to legis-
late SO as to fix rates, and to dele
gate its power to a commission. He
opposed Mr.. Bailey'S nOn-suSpension
provision, and indicated indifference
as to whether a court review clause
should be inserted. He did not con
Guide and will continue tomorrow.
Mr.. Daniel began his speech with a
presentation Of his views on the mag
nitude of the question before the sen
ate, ~prOnOuncing it the greatest eco
nOmic problem of the age because of
: the vast extent of the railroad busi-
| ness.
After reciting much history to sus-
tain his position concerning the right
of congress to regulate commerce be-
tween the states, Mr.. Daniel said that
ii was in the power of congress to char
ter a railroad in the United States as
the nation possesses eminent domain.
MORE
Nh. Daniel said that congress was
proceeding in the matter Of railroad
! legislation not alone under the COM
merce clause of the constitution, but
under all the powers it enjoys. He
| took issue with Mr.. Foraker on the
| point whether the United States had
the same right as the individual
| states to fix railroad rates.
Mr.. Daniel spoke at length of the
| privilege of invoking the due process
of law, saying that the principle had
been in vogue among Anglo-Saxon
| peoples for more than 700 years. "Ev-
| cry Individual, whether human or cor
pOrate," he said, lis entitled under
that principle to have his, her or its
property protected in accordance with
the law of the land, made in accord
| ance with constitutional authority
However, there were different classes
| of processes, and rights, and they
must be dealt with differently, and the
question of interstate transportation
in accordance with that practice of
classification must be dealt with by
using the mechanism ordinarily relied
upon, such as the interstate commerce
commission.
This line of argument brought Mr..
Daniel to consider the question OF Il
review by the courts of the findings Of
the commission. On that point he ex-
pressed the opinion that 1T is wisest
and best to provide for a judicial re-
view or appeal, but al the same time
l have no doubt that if no such review
is provided the system Of jurisdiction
as administered for the past thirty
years would-prove all sufficient to Sc
cure every right to all concerned
He went On to say that there could
be no mistake in allowing the findings
| of the commission to stand undisturD-
ed and then entered upon an effort to
show that the states and b national
government have a perfect right TO
control the affairs of transportation
corporations.
. He took a position in opposition to
Mr.. Bailey's amendment prohibiting
| the inferior courts from ~suspending
findings of the interstate commission.
To prohibit the granting of am inter-
1Ocutory injunction he feared would be
construed as O in accord with the
| constitutional requirement regarding
thed ue process of law, but he admit
ted that the subject was full of per-
| plexity. Neither a commission nor a
| state could make a rate so binding
! that the courts could not interfere
! could take jurisdiction they could
grant immediate relief if satisfied that
wrong had been done. He declared
| that it was neither just, equitable nor
| wise to deprive a carrier of the righ.
| to Injunction and at the same time ap-
| ply the provision imposing a fine of
ST 5000 a day.
| In view of all the facts he could
| not see his way clear to shear the
| courts of any of their rights. Still,
he believed that a better means OF OBJ
| tanning celebrity of action should be
| secured than is now provided for by
the bill. To that end, he would have
all parties to a proceeding before the
| commission adduce all of their evil
| dence before the commission; require