The free lance. (Fredericksburg, Va.) 1885-1926, 1906-03-03

Ohio Senator in Speech Attacks
Hepburn Keasu.e.
PRESENT LAW is EFFICIENT

Declares Rate Making Bill Is RovolH'
tionary and Likely to De Declared
observation-disclosures Out Ce-
fects In Bill.
WASHINGTON. liarch 1.-Ecr three
Lonrs. lacking few minutes. lii. For
aker held the attention Of tNSe senate
while he read a carefully prepared
speech on the railroad rate question.
His speech was a protest again,i any
general legislation on the theory taat
the existing Elkins law could be so eX-
tended as TO make it answer all the re-
ouiremcnts. tie did not fail. however
TO point oat what he considered the
defects Of the Hep5urn-Dolliyer biiL
and he made the declaration more
than once that il would a. 20 remedy
the evils complained c.
Mr.. Fcrakers attitude towards the
pending railroad rate ON was correct
ly outlined in his first paragraph IN
which he said Of The b.ll. "lt is so con-
trary 10 the spIu OF oar in iitutlons
and of such drastic and revolutionary
character that. if not IN its immediate
effect al least as a prec dent the con-
sequences are likely 90 be most un-
usual and fsr-reaching.
Rcforr.ug 20 the Elkins law he said.
"lhare mas been no serious attempt
10 enforce this law to prevent discrim-
nations as 10 localities, but glance
At It's provisions will suffice to show
that II is as broad. direct. explicit and
etncien; 10 remedy that kind o. an evil.
wherever II may exist. as 1t has been
fonnd 20 De AS to personal discrimina-
tions. THAT the law has no! been test
ed in this respect IS not Que TO any
fault Of tho law brt b-cau5e no one
has seen n 70 invoke it,
"The fault he added. rs not with
the existing law, bat with the officials
who have not enforced H."
Announcing his own position lie
said IL believe in the court plan. as
contre II tinguisned from the rate-mak-
ine plan. not alone because % is much
simpler. much more expeditions. much
NOR efficient and without expense to
the shl91er. but because. In addition
to an that. # avoids all legal and con
stitntional questions. while tle rete-
maxine plan as set forth in lis. bill
encounters q number Of such Questions
that ere OF the most serious character
and some OF them. in my Judgment
fatal"
Regarding the right Of congress 10
make rates he declared the supreme
court has never yet passed on that
question and there are many eminent
lawyers who are Of the opinion that
the court will hold when 1t does de-
eide that question that congress does
not have that power
"Alen-fest'y it is utterly impossible
for ooneress by statute to fix the rates
for Interstate commerce. 1t must re-
sort 20 some plan under which it can
avail itself Of the help Of some kind
OF board. Cc-mission. tribunal OF
agency. Butwhen It undertakes to do
this Il must take heed lest II under
take 10 do II In such a way as 10 dele
gate legislative authority. and thus
make its effUrt unconstitutional and
unavaiiing. for It vii be conceded that
Il IS unconstitutional for congress to
delegate legislative power"
He pointed out the departure in en-
powering the interstate commerce
commiss ion 10 decide what shall be
reasonable rates. saying: 1T IS in con-
travention Of our constitution to con-
fer judicial powers upon the legislative
department or to confer legislative
powers upon the judicial department
or to confer either OF these powers
upon the executive department
"The supreme court Of the United
States has never yet upheld a state
statute conferring power to make rates
on a railroad commission or commits
sioners as to that particular point
which did not make the power so con-
ferred purely administrative in char
acter, or which was not enacted by
virtue OF a constitutional provision
that authorized such legislation
"If we enact this measure and IL
proves Disappointing the people will
-, l1f that xffo
legislated in response to their demands
They expect their representatives. to
act intelligently patrioticelly. and in
accordance with their judgment and
their oath Of Office which binds them
to disregard public clamor and legisla-
alte for the public welfare as they see
and understand it. We owe it to our
selves as well as our constituents, to
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