Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-04-30
FOR EMERGENCY WORK
Appropriation Of $4,000
Made by the Senate.
CLARKE ON RAILWAY RATES
Discusses Constitutional Question In
the Controversy.
SUPPORTS BAuEY'S CONTENTIoN
House Votes Thanks to Con. Porter
for Recsvering the Remains OF
John Paul Jones.
CLARKE ON RAILWAY RATES
SUPPORTS BAuEY'S CONTENTION

Tho House bill appropriating $4,000 foa
the emergency needs OF the Navy Depart.
ment at Marc Island and for the postai
by the recent earthquake was passed b,
the Senate when 1t convened today.
Mr.. Daniel gave notice that tomorrow hi
would address the Senate on the rate bill.
The House bil1 authorizing the Central
Canal and Irrigation Company to divert
waters from the Sacramento river. Califor-
MIA, was passed
hi. Clarke on Railway Rates
The railroad rate bill was called up by
Mi. TiHman and MT. Clarke (Ark.) made
a speech upon the measure.
Mr. Clark's speech was directed to the
several constitutional questions in contro-
versy. but at the outset he stated that IN
his opinion the pending bill was not In &C
cordance with the demands of the public
and II passed, the public would get very
bad impression OF the capacity of Con-
sress to correct existing evils with the car
rier service. The measure, he thought
showed an ignorance Of the needs for leg
islation looking to rate regulation. Critf-
cising the bill. he said 1t failed to provide
that orders Of the interstate commerce
commission were not to be interfered WITH
and he declared that Congress had the
right to make such requirement. That was
one Of the powers that should be exercised
by Congress. he asserted. The question Oh
q court review, he said, was regulated by
the Constitution and existed in the pend
ing bill. he declared, just as much as II
would II the most specific provision pos
sible were written into the law.
The Arkansas senator took up the sub
ject that had been debated by Messrs
Bailey and Spooner as to whether Congress
had the power to limit the granting Of pre-
liminary tnjunctions. and he said that I'M
less some better authority was brought
forward than that presented by the Wis
consin senator the assault upon MT
BaiIeys contention could not be upheld.
Mr.. Clark declared he would not make a
wholesale attack upon the issues Of the
injunctions, for he believed the injunction
to be wholesome power, but he was con-
WINGED that Congress could say that in GER
tain cases preliminary injunctions shall not
be granted.
After reviewing court opinions having a
bearing on court review. Mr. Clarke said:
Il would just as soon the senator from
Rhode Island (Mr. Aldrich) should write a
judicial review provision to write it my
self. I do not believe in the necessity for
any provision. while he thinks everything
is necessary. I think the question Is covered
by the Constitution. no matter what Is In
the BILL"
He condemned the bill. saying 1t should
not permit the interstate commerce COM
mission to be prosecutor and executioner at
the same time.
Then / hope the senator will offer some
amendments to the BILL" said Mr.. Aldrich.
II would offer new bill to get one that
suits me-" responded MIR. Clarke. And
would make bill that would put the rail-
roads IN the business of hauling freight and
passengers through the country. instead OF
stocks and bonds through Wall street.
Then followed general debate between Mr..
Aldrich, Mr.. Beveridge and Mr.. Clarke con-
corning overcapitaiization Of railroad cor
porationS