The semi-weekly messenger., 1906-04-03


| strictions-Carmack Declared That
! the Bill Was the Outcome of Demo-
cratic Demands-Bin for the Reor-
ganizatiOn of the Medical Corps of
/ the Army Taken Up.
| Washington. March 29.-When the
! senate met today Mr.. Culberson pre-
, sented and had the clerk to read a
! memorial from the Cattle Raiser AS
SOciation of Texas, urging the passage
I! of the railroad rate bill as it came
| from the house. The letter was ac-
| cOmpanied by a letter from S. H. Cow
an, attorney for the association, in
! which he said that the railroads have
! in the past six years increased rates on
cattle shipments to the extent of SIS
a car, causing a total outlay of s10,-
100000, above the amount that it
would have been necessary to pay un-
der the old prices. The petition urged
the senate to resist efforts to seriously
amend the bill as mere subterfuges on
the part of the opponents of the bill
The following bills were passed:
Amending the law requiring lights
on RATS so as to make it apply to RATS
in tow.
Authorizing the erection of a dam
across the Choctawhatchee river, in
Dale county, Alabama.
The conference report on the consul
lar reorganization bill was agreed to
without discussion.
When the railroad rate bill was
taken up, Mr.. Clay, of Georgia, ad-
dressed the senate saying that he did
not consider the principal point of con-
trOversy serious one. He had heard
charges that both the house and the
Knox bills were drawn in the interest
of the railroads. but the facts he de-
clared were convincing that such was
not the case
He traced the history of the house
BILL saying that it owed it's origin to
the interstate commerce commission,
and had been accepted by the entire
mem bership of the house committee,
republicans and democrats alike and
had passed the house with practical
unanimity. The bill might not be per-
feet, but he was satisfied that it had
received only honest consideration.
SO, too, he was satisfied that the Knox
the Tillman and Culberson bills had
all been drawn in the interest Of the
a court review of the orders of the
Interstate commerce commission, say
ing that if under the house bill the
regularity Of the commissions orders
only was contested, the carrier would
be deprived of the right of contesting
a rate fixed.
Mr.. Clay declared that if it was the
intention to permit review of the
. commissions finding, the right should
be conceded in the bill.
why not say SO directly in the bill
and get over the controversy" he
said. II believe that review ought to
be permitted, but I believe that the
review ought to be confined to the
question as to whether the rate fixed is
be authorized to go into the whole
case.'
Mr.. Tillman and Mr.. Fulton asked
why. if the review privilege was to be
confined to the constitutional privilege,
any provision of the kind was neces-
sary, and Mr. Clay replied that he
would agree with them if there were
nothing in the bill as it stands On the
subject of review, but that in view of
the text of the bill he thought it
should be amended so as to authorize
the courts to say whether the rates
fixed We're confiscatory.
In the course Of his remarks Mr..
opinion between eminent lawyers when
the income tax measure was before
congress.
Mr.. Tillman said it was no wonder
lawyers were "befuddled' on that
measure, because the supreme court
had been on both sides.
Mr. Clay said that he did not al
ways agree with Mr. Tillman concern
ing the courts, that he had faith in
their integrity.
But not always in their infallibili
ty?' asked Mr.. Tillman.
NO, not always said Mr.. Clay.
Il have not confidence always in my
own infallibility.'
Summing up his conclusions Mr..
Clay took the position that congress
had the power to fix a standard of
rates giving just compensation; that
both the carrier and the shipper should
have authority to go into the courts 10
determine the question of just compeN
sation: that the power to issue injunc-
tions should be hedged about with all
proper restrictions. and that carriers
should be confined to their own busi-
ness.
When the big stick keeps coming
with the pitchfork. surely the halcyon
days of politics have come" said Mr..
Carmack. OF Tennessee, when he took
the floor to speak on the rate bill. He
declared that the bill was the legiti-
mate outcome of democratic demands.
and calling attention to the fact
that the republican platform had
made no demand for legislation said
the democratic party had triumphed
even in its defeat. AS for himself he
was content to stand beside the sena-
tor from South Carolina as .'the guide,
counsellor and friend OF the admins
tration." He then entered into an ar
gunnent to show the necessity for rail-
road legislation and said he knew Of
no better way of providing the neces-
sary restraints upon the roads than
through commission.
RHfnrrincr To the 1anlr ef auraarnnanf