The midland journal. (Rising Sun, Md.) 1885-1947, 1906-05-25
THE RATE PASSED
PASSED BY SENATE
Foraker, Morgan and Pettus Alone
Opposed the Measure.
DEBATE LASTED FOR 70 DAYS.
An AlI.day Fight 10 Upper House Over Dele
CATION Of Authority Of Congress TO Com
misslon-AD Amendments Voted Down,
Except One by AIR. Teller to Strengthen
Constitntionality Of Measure.

Washington, D. c., Especially After
70 days of almost continuous delibera-
ton, the Senate Friday, at 4-53 P. M,
passed the Railroad Rate Bill by the
practically unanimous vote OF II to g.
The three negative votes were cast by
Senator Foraker (Rep, Ohio, and Sena-
tors Morgan and Pettus (Dems., Ala
bama). There was a somewhat larger
attendance of senators than usual, but
the attendance in the galleries was by
no means abnormal, and there was no
manifestation of any kind when the re-
suit was announced. There was, how
ever, an almost general sigh of relief
among senators.
The bill has received more attention
from the Senate and from the country at
large than any measure that has been
before Congress since the repeal of the
purchasing clause of the Sherman act in
1893. 1t was reported to the Senate on
February 26 and was made the unfinished
business on March H. From March IL
to May a the bill was under general dis
cussion without limitation on the dura-
ton of the speeches, s. of which were
delivered. Many of these were prepared
with great care, and two of them con-
suned more than a days time in deliv-
cry Senator Lafollette, the junior sem
ator from Wisconsin, spoke for three
days, and Senator Daniel, Virginia, for
two days. Senators Bailey, Foraker,
Lodge, Rayner, Deliver and others each
spoke for one entire day.
For IL days the bill has been under
consideration under rule limiting
speeches to IS minutes each. The debate
has at all times been earnest and ami
mated, but for the most part devoid of
personality as between senators, the past
few days, however, having called out
some caustic criticisms of the President
by Senator Bailey.
In addition to passing the bill the pro-
ceedings Friday consisted in concluding
the consideration of the amendments as
such and the delivery of number OF
speeches on the bill. The only amend
ment adopted was the one offered Thurs
day by Senator Teller eliminating the
words Sin its judgment from the power
given to the Interstate Commerce Com
mission to fix rates.
When the bill was taken up the Senate
resumed consideration of the Teller
amendment, striking out of the provis-
ion giving to the Interstate Commerce
Commission the power to prescribe rates
for the words Sin its judgment"
Senator Hale said that as far back as
1924 Chief Justice -farshall had inter
preted the right of Congress to dele
gate its power, and the rule then laid
down had been followed in innumerable
cases. He also referred to the recent
opinion of Justice Brewer in the Michi-
gan tax case, saying that in that case
the Justice had used words which his
own sense of propriety had led him
to withdraw. He added that further
consultation of Justice Brewers decision
would do much to set right the minds OF
those so fond of catching at such trivial
tiles as an opinion that was never deliv-
cred.
Senator Long also advocated the reten-
ton of the words, agreeing with Senator
Allison that they constitute part of the
judicial review contemplated by the bill.
Senator Spooner expressed doubt as
to the wisdom of the provision. 1T
is open to doubt and challenge" he
said, and went on to say that, notwith-
standing his doubts, he would vote for
the bill because he wanted to see some
law enacted that would give the courts
an opportunity to pass on the question
of delegated power. He recognized that
Congress could not itself undertake to
fix rates; hence the Importance of having
definitely settled the scope of the con-
gressional authority to confer its consti-
tutional power on another body.
He also quoted the Supreme Court in
the Michigan case, saying that what was
left in was accumulated by what was left
out eff" he concluded, ct was left to
me as lawyer to say whether the words
should be retained, | would not dare to
take the responsibility of leaving them
in.'
Senator Fulton advocated the retention
of the words, saying, so far as the SUI
preme Court decisions go, they sustain
its right to confer its authority. Senator
Bacon was of the opinion that the words
weaken the bill, and, therefore, advised
that they be eliminated.
Senator Daniel took the position that
the presence of the words "in its judg-
ment" would not have the effect of vitiat-
ing the bill, as had been contended. He
declared, indeed, that neither the pres
ence nor the absence of the words
could affect the measure "If," he said,
''the words are retained, the commission
will have explicit authority to do what
it must necessarily do if they are
omitted"