Omaha daily bee., 1906-02-04
SIX HOURS DEBATE
Nine Members o. the House Talk on
Hepburn Rate Bill
DISCUSSION WILL B. CONTINUED
Many Wish to Make Addresses and End is
Not in Sight,
NtW POINT RAISED BY Mr.. ESCH
He Says Measure is Brad Enough to
lew POINT RAISED BY Mr.. EscH
He Says Measure is Brad Enough to
Include Express Companies.
VIEWS OF CLYION OF ALABAMA
Southern Member Says Bill il But
the EXempIin alton of Common
Law Governing High
ways.

! ways.
| WASHINGTON, Feb. S.-Narious phases
| OF the railroad rate question were threshed
/ over in the house today i'm the course OF
/ nine speeches which occupied six and a
half hours. This concludes the fifth day OF
I the discussion, but the end is not yet. Many
members on both sides of the house desire
TO record their views and general debate
will be allowed to continue.
Mr.. Clayton OF Alabama said the legisla-
ton in principle was as old as the common
law. Mr.. Henry of Texas showed how il
was supported by the constitution and the
courts. Mr.. Esch OF Wisconsin explained
how the bill was broad enough to include
the regulation OF express companies. Mr..
Kennedy Of Ohio presented an argument to
contradict the claim that the control of
railways was Interference with private
property. Mr.. Crumpacker of Indiana be-
ieved economic conditions would still con-
| troll in rate matters. as they should. not
! withstanding the granted authority In the
bill. which he approved. Mr.. Ellis Of Mis-
souri, saw in the bill what he regarded as a
conservative move in the right direction.
Mr.. Hogg of Colorado opposed granting
legislative and judicial functions TO the
same body. which he said will result from
the enactment OF the pending bill into law.
Mr.. Floyd Of Missouri said IT was a saving
OF tho country from socialism and RADICAL
ism rather than a step in that direction
Mr.. Page Of North Carolina indorsed the
bill in all its features. A complaint re-
Garding the manner in which the news
papers handled the cotton statistics yester-
day was made by Mr.. Sims of Tennessee.
Mr.. Clayton Opens Debate.
The rate debate was opened by Mr. Clay
ton (Ala.). Instead of being a new thing
he declared, the legislative regulation OF
interstate commerce to be as old as the
common law. The states have always ex-
ercised this power to the full extent Con-
gress, he said. has the same plenary power
over interstate commerce and ought TO ex-
ercise It i'm restraint of the railroads and
for the benefit of the public. The neces-
sity for the legislation is brought about
by the unjust determinations of the roads
through, rebates and terminal charges,
Mr.. Clayton maintained that the Elkins
law preventing rebates could not be en-
forced without an espionage which was
un-American and the present bill would
make 1t possible TO obtain information
without resort TO the spy system because
not be open to the agents OF the commits
sion.
Whether II be communism. anarchy or
not, the time will come when the people
will rise and follow William ]. Bryan to
victory" This was the opening prediction
of Mr.. Henry (Tex). who followed Mr.
Clayton for the bill. He was replying to
Mr.. Sibley's recent characterization of the
pending bill The maximum rate case. he
said, settled affirmatively the constitution
alty OF granting the power TO fix rates.
He regretted the presidents change Of at
titude on the question.
II believe m his honesty and sincerity
but wish he had adhered to his original
intention to give power to establish a rea-
sonable rate and left the question of the
maximum rate out Of consideration, he
said.
Mr.. Esch tWsD said there were five
ages in railroadng in America-the age Of
construction, the age of petition, the
age Of combina tions, the age of government
control. and there is the fifth, the age of
government ownership-from which may
Cod save Us"
Mr.. Crumpacker GndD discussed the
rate-malIing power conferred upon the In
terstate Commerce commission as the all
important provision Of the bill. In his
opinion the only localities which would
be benefited by the proposed bill were
those which had only a single railway
and did not profit by competition.
The excessively low rate granted TO some
points, Mr.. Crumpacker said. were gen
orally found upon investigation TO he
granted by carriers because they could
not get their share of business in any
other manner.
MI Ellis (Mo), expressed his approval
of the measure, saying he favored the
bill because he believed it 10 be conserva-
tive and one which would result in benefit
to all industrial interests,
MIR. HoEg Raises a Point
Mr.. Hogg (Colo.) questioned the right TO
delegate both legislative and judicial
authority to a commission. He quoted the
supreme court TO show that the commits
sion was not a judicial tribunal. II was
a judicial function. he said, 10 say where
a given rate was OF was not reasonable
and a legislative function 10 prescribe a
rate for the future. He favored creating
a special court to determine the judicial
and clothing the commission with
authority to legislate the future rate
Complaint against what he termed an
effort on the part OF certain newspapers
10 belittle the information obtained b,,
the house yesterday in regard TO cotton
vet to be ginned was made by Mr. Sims
tTenn.). He declared the information was
decidedly valuable TO the grower.
Discussing the bill Mr.. Floyd CMoJ de-
clared il was the McCalls, McCurdvs
and Morgans who were the
seeds of anarchy ana socialism in this
fair land. lie predicted that Il. II. Rogers
might for a time defy the courts of Mis-
souri, but an outraged people would not
long submit to that practice.
The concluding speech OF the day was
delivered by Mr.. Page IN. c.. who ia