The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1906-02-15
Strong influence for Incorpora-
ton Of "Review by Courts
Clause.
a SPLIT IN COMMITTEES
Aidrich Firm for Amendment; and
Roosevelt Quoted as Willing to Ac-
cept "One"-Lodge Talks
on Rates. /.

commerce which directs the Interstate
Commerce commission to investigate
the charge of discrimination and COM
bination in restraint of trade made
against the railroads. The adoption of
the resolution was preceded by a
speech by Senator Tillman, in which
he practically charged that the admin
istration was not proceeding in good
faith to secure railroad legislation, be-
cause he was not satisfied with the
presidents advisers. Among these he
mentioned Secretary Root and Senator
Knox, the former of whom, he said,
was an adviser of the "magnates re-
sponsible for the d~evilment," and the
latter of whom had peen for years at
torney for the Pennsylvania Railroad
Senator Knox c~ontradicted
the charge relative to himself, saying
that ne never had been attorney for
the Pennsylvania railroad.
Washington, d. c., Feb. Ex-senator
Aldrich informally presented to the SEN
ate Interstate committee to-
day his proposition for amendment Of
the house rate bill now being discussed
In that committee.
He urged a provision be placed in the
bill for review by the courts as to the
merit and r~easonableness of the orders
Of the Interstate Commerce commission.
The republicans of the committee are
hopelessiy split on this proposition. Dol
liver and Clapp will not sanction 1t.
President Roosevelt has told callers IN
she last twenty-four hours he favors the
house bill with one amendment. He is
believed to mean the court review Tea
ture which Taft, Lodge. Root and 9TH
ers are urging. and which Aldrlch
pleaded for today in committee. Attor-
ney General Moody alone Of the cabinet
pose it.
- y, - rn;1 IN I've n worry
sick mar and will not be here Friday
to vote on the final report on the bill.
Opponents of the bill refuse to pair with
him. It ooks now as if his vote would
be lost and supporters of the house Dill
admitted today it might get a minor
ity report from the committee IN con-
sequence of Cullom's absence. The
democrats in the committee are not yet
entirely satisfied with the house bill,
and are still seeking to amend it in
tarious particulars.
Rebates the Great Evil.
Washington. Feb. Ex-senator Pat
terson resigned as a emb OF the
committee on privileges and elections,
and Senator Frazier was designated to
fill the vacancy.
Senator Lodge then addressed the
senate on the railroad rate question. lie
spoke to Clay's resolution on that sub
ject. and was listened to by an audi
InCt WHICH tllltH lIlS Schiitl 49,.
Mr.. Lodge his support OF
LEGISLATION for control OF railroad rates
along lines of the IIsch-ToWnSend bill
of last session and said he believed the
practice of giving rebates to be the
most serious of all evils complained of.
He expressed the conviction that only
by legislation along the lines sug-
gested could government ownership be
prevented. He said that before enter
ing upon investigation of the question
he had disposed of his railroad inter
asts in order that his inquiry might be
free from bias. He expressed the opin-
ion that the rate question is second
only as an economic problem to the
financial question, and one of the most
important ever before congress.
All were agreed as to what the peo-
ale desired to do, but the differences
arise over the method of proceeding.
Iie was convinced there are evils to be
renedieG in connection with transport
tation by the railway system, but the
problem consisted in finding q fair and
just means Of dealing with them. He
passed over as an established fact the
right of congress to legislate for the
regulation of railroads. The grievances
against the roads ne divided into three
classes as follows:
Rebates or determinations between
persons; excessive rates, discrimination
between localities.
Prison for Offenders.
Regarding rebates. he said: Rebates
have been wrong and an injustice to
the people and a serious injury to the
railroads themselves. / don't hin it
would be possible to pass legislation
too drastic for the purpose of stopping
these determinations between persons.
We have a Law now upon our statute
books which, SO far as the prohibition
can go, ought to be sufficient. It I'M
doubleday has largely checked rebates,
but It has not stopped them entirely.
TO make a law thoroughly efficient, we
ought to add, in my Judgment, three
provisions. We should restore the for
mel penalties of the interstate COM
snercs law, which should not have
been repealed, and make these secret
evaslons OF published rates punishable
by imprisonment"
in Other Countries.
Lodge reviewed the experience of
ntheg governments, including most OF
the European countries, Canada and
Australia in government control of
rate making. and combatted the idea
that railroads are owned by few men,
and that they are inimical and indie
pendent of all other interests. He sug-
gestel that power be delegated to the
commission should not go beyond thai
Of fixing a maximum rate on freight,
n expressed the opinion there should
be ample provision for a review of the
findings of the commission by the
courts. He concluded:
There seem to be now prophets of Il
new dispensation who wish to depart
from the line marked out by the presi-
dent in his message, and accepted in
the house bill of last year by removing
so far as possible from the proposed
law all proper provisions for eyiew by
the courts. This seems to me to strike
at h very heart of the measure.
Reveres the Courts.
IT am anxious to see this legislation
but I am not yet prepared to substi-
tute for the courts of the United States
an executive commission. Legislation
cannot prevent an appeal to the courts
If its alleged rate is confiscatory; but
this is very narrow ground and a very
limited right. A rate may not be abb
solutely confiscatory and yet may be
in the highest degree unjust and unrea.
souabfe, and indeed well nigh ruinous
7 am not sure it would be possible tc
deprive a citizen by legislation of the
right to appeal to the courts as to JUS