The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-03-14

| iin.erest ir,ss and nxed charges from the earn
!iIss or the roads OF the country wae
| SS-"Wnop against S74,000GC0 In 1890
kavoritism to Big Shippers.
MT simmons said that, notwItstand,n,
,hese ngure9. he did not believe ibst thss
present tendency OF rates Is unwsrd LIE tHe
sPeclal complaint was of the fayoritieM
Ipe~n the ronanIt tns ois shippers. He hoped that
Shippers would be restrained 's'aS anu
He Old not believe that the supervIs,o,
~ Ut LI55'iroad rates by the Government
IN support OF this contention he oita.a a,lo al
lac, mat the railroads from 1857 to Is97
N ~, wnieh s,n the Interstate Commerce com,
nminS iiSsoH rae actually ~ exercised the power OF
nonat no1ns rates 5000 miles OF railway was
constructed In this country. State cono7
n1iSslons S had not hindered growth of thn
railway systems W u 'he
In Fear Of the People.
He defended the Interstate Cornn,o-oo
netannS aI,iSS'ion against the charge or Incom-
petency, and coming abruptly TO tho o,Ies-
tlon of the power that should be oi,,o,
to the courts. said: sNeh
,oN we had had as well look the facts in the
. .ace. Iue pain truth In this contest he
tween these corporations and rho neonIo
IS that the railways want the laws sfTert
ing them administered by tribunals com
posed OF men appointed for ne and
whose amenability TO the people is there
tore remote They are not opposed tn
trusting the powers conferred by this
III tfe commerce commission
because they do not believe comnetont
and Impartial mon Will at all times com
pose that commission. but because they
nem oeTT me tne power Of the people to quickly
call them to account for any forCetfui-
ness or their interest will lead them tc
put the public veal above the special
privilege" e'ia'
Where the Courts Are At.
He announced, however that he had no
opocction to such right OF review by the
mot In ,Ha .l,l
tere with the rightful authority of Con-
sress In this matter OF rates or so ham
per 1t In the discharge OF these powers
through its commission as to defeat or
render Ineffective in whole or in part its
ject
Within these limitations, the right of
review by the courts ought not to be de.
MED. and II IL does not already exist IL
ought to be conferred" t"
He went on TO say that the courts have
already, without further legislation all
the power and authority over this sub
1ect they can exercise without substitut-
ing their Judgment for that OF Congress
In matter entrusted by the constitution
10 the exclusive judgment OF Congress
Where the Trouble Lies.
My chief apprehension concerning this
measure Is that. while the courts have
not the constitutional right, as l see IT.
TO review lawful rate fixed and ordered
by the commission, and while this bill
By not comforting IT, denies to them that
right, still inactive practice. by means or
lnterlooutory orders based on exparte
showing of unreasonablenesS. these orders
may be suspended pending litigation. and
In this way many unrevie wable as well es
renewable orders OF the commission will
be held In aboyance until final decree
Proposed Law Is Valid.
1T is probable that the only escape
from this danger Will be found by taking
advantage of the right to suspend the or
ders of the commission In any and all
cases"
He had reluctantly reached the con-
cluslon that the power of suspension
should be employed II the power exists to
suspend ii.
Mr.. Simmons concluded with an argu-
ment In support Of the constltutionality
OF the proposed law. on which point he
declared he had no doubt
Mr.. Simmons concluded at 3 20 D. M.
and the Senate Immediately went into
executive session and adjourned ten min
utes later