The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-05-04

washington, May 2.-In the senate
To-Day Senator Daniel concluded his
speech on the rate bill. Taking up the
question of the extent of the review to
De had by the courts in rate cases and
repeating briefly his objections to Mr..
Balley's proviso for the non-suspension
oy the courts of the orders of the in.
terstate commerce commission be
SAID he did not agree with those who
contended that there was no other wav
OF protecting the interestsof the sinner
In cases where the courts have sus.
pended the rates of the commission Mr.
Daniel suggested that a substantial
BOND be required of the railroads. He
took Issue with statements that a re-
view would mean a re-trial SO far as
the taking of testimony was concern
ed, Tor he declared that the Interstate
commerce commission was the most
competent tribunal to take such testi-
mony. Admitting that the bill was
lar from complete he said it would
provide for swift hearing before such
a tribunal and that was positive. YER
lncaDle process in the right direction.
Oennlng the terms Just conpensa-
tlon and reasonable rates. MIR. Dan
lei adopted the former expression as
broadly covering what a rate should be.
Mr.. Daniel said the courts had never
been given power to supervise the or
ders OF railroad commissions except
upon the one point of the reasonable
ness OF rates fixed and he contended
that if the rates of the commission
were unreasonable there would be nc
difficulty under the constitution of TAX
Ing cases to the courts. He declared
however, that the courts should not
be invoked except in cases of fragrant
violation of the constitution. He said
that the public interest should be made
the paramount consideration in fixing
rates.
With reference to the duties Of the
interstate commerce commission. Mr.,
Daniel said that it must exercise it's
own independent judgment and discre-
tiOn in fixing rates. It, as we'll as the
courts, must exercise the human fac
ulties. Congress, he contended, must
exercise its functi rs in many cases
by delegating theL to others and it
was necessary that = should do so in
dealing with CONNIE between the
states. If this could not 5e done, the
government must be as fiabby as q
helpless bag, said Mr.. Daniel and he
cited cases in which congress had per.
mitted administrative officials of the
government to exercise the functions
Of the national legislature.
Mr.. Daniel advocated a review provi-
sion as a precautionary measure, say
ing that he would have the provision
for review modelled on the California
land act, requiring that the courts be
supplied with a transcript Of the tes-
timony taken before the commission,
requiring five days notice of injunc-
tion proceedings and providing that the
hearing by the courts shall follow as
closely as possible upon the disposi-
ton by the commission.
He closed with the declaration that
the proposer legislation should be en-
acted with the end of doing justice to
all concerned.
The army appropriation bill was read
at length but its consideration was not
concluded. An amendment appropTiat-
ing s1,50O,OO0 for a supply depot at
Fort Mason, San Francisco, was accept
ed, as was also provision authorizing
a submarine cable to Panama at cost
of 100000.
The following bills were passed:
Authorizing the construction of dams
across the Coosa river at Lock 2 in
Alabama, authorizing the construction
of bridges across the Clinch river in
Virginia and the Holston river in Ten
nessee by the South and Western rail-
road company.
Mr. Newlands resolution directing
the finance committee of the senate
and the ways and means of the house
to consider the feasibility Of the gov
ernment's guaranteeing bonds TO aid in
the rehabilitation of San Francisco
was deprecated by both California SEN
ators Mr.. Flint and Mr.. rerkfns incl-
Gated their opinion that the California
delegation should have been consulted