Waterbury evening Democrat., 1906-03-15

take" After enumerating the essen tial changes from the existing laws regulating interstate commerce, he
 stated that the most important Is found in section 15, in which power is
 sought to be vested in the interstate commerce committee ''after full hear.
 ing upon a complaint made to deter
 mine and prescribe what will in It's judgment be the just and reasonable
 and fairly fremunerative rate to be
 thereafter observed in such case as
 the maximum to be charged" and to
 make an order that the same shall go
 into effect and remain in force for
 three years. which order shall 'go in-
 to effect thirty days after notice to
 the carrier and shall remain ill force
 and be observed by the carrier, unless
 the same shall be suspended or nodi-
 fled or set aside by the commission,
 or be suspended or set aside by a
 court of competent Jurisdiction" Con
 corning this section Mir Tillman said:
 Around the first provision the most
 earnest and exciting contention has
 arisen and there is great difference of opinion as to the scope of this clause and the executive powers of the ,oIn- mission under it. On the other hand,
 1t is claimed most positively that con gress cannot delegate it's powers to the commission and thus authorize 1t
 to fix rate, while on the other hand 1t is asserted with equal earnestness and force that this power is indispu- table. Whatever may be the results of this discussion in the senate if the bill becomes law the final determine ti0n of the question at issue must be made by the supreme court. There is even greater solicitude upon the question of judicial review.
 .The friends of the proposed legis- lation are equally earnest with it's opponents in desiring to throw every protection around the billions of capi- tai invested in railways of the United States"
 MT Tillman added that at the same time the cries of the people are de- manding. relief for producers and shippers. He declared that it is the duty of congress to hold an even bal ance between these conflicting and contendiug interests.
 Friends of the railroads contend, urged MT Tillman, that congress can not limit the jurisdiction of the circuit courts, while on the other hand, he added, Ut is asserted with equal em- phasis that the power to create all courts, other than the supreme court, rests alone in congress, and that such courts being statutory are necessarily limited in their scope and power by the authority which creates them"
 He continued "I myself incline most confidently to this view and have not the slightest doubt that 1t is possible to properly amend this bill so as to prohibit the circuit courts from interfering with the or ders of the interstate commerce com- mission by any interlocutory order. As has already been observed in con- nection with the power to fix rates, this question also must be deter mined by the, supreme court should the proposed law be enacted.
 'The senate must determine by its vote what shall be it's attitude upon the questions of court review and suspensions. The whole question at issue as to giving relief to the producing interests of the country revolves around this fea- ture of the bill. If any decision of the supreme court shall declare that congress is powerless to grant speedy relief through commission, 1t needs no prophet to tell that an outburst of surprise and indignation will sweep over the country"
 Commenting on the gross earnings and the net earnings of railroad Mir Tillman said that once year every dollar in the Unit ed States passes through the hands of the railroads and every three years becomes part of their new He asked if it was any wonder that the railroads have the most brilliant legal minds at their | to conduct legislation and asserted that the struggle was be- | tween man and money; citizenship | and capital. He discussed the build- | ing of great fortunes and the manip- | ulations of great properties. Sum- ming up the situation he said:
 Tt is impossible to deny that this great accumulation of wealth in the | hands of the few is such a menace to liberty that the honest patriot | stands appalled, by the outlook"
 After commenting at length upon | what he declared to be the existing system of Juggling with railroad | properties flor the robbery of the | Mir Tillman stated that this phase of the subject brings into great importance the relation to congress of the increase in capitali- | ,ation: whether 1t is the purpose of | congress to compel the business in- | iustries to pay dividends. not upon he real value of these properties but | ,n the fictitious value which has been sought to be placed upon them | 1y the increased capitalization"
 Mir Tillman concluded with "a word of caution to the friends of the
 Our full expectations may not be -ealized at the present session of congress. The opponents of effective egislation are alert, have had large experience. and are thoroughly or yanized.
 "The demand Of the people for re- ief from the expressions and wrongs hey now endure may be thwarted ,y the great influence of the railroad This influence has hitherto been paramount, and its in the two houses nay feel that 1t Is safe to refuse to edress the grievances and to con- inue the policy of non-interferenee. They may ignore popular ciamor and 'ithsr pass no bill at all or enact one hat will prove wholly inadequate"