Omaha daily bee., 1906-03-15
RAYNOR TALKS ON RATE BILL
Senator from Maryland Vigorously Supports
the Hepburn-Dolliver Measure,
LODGE AND FORAKER ARoUSEI
senators Take Exceptions 90 Refer
ence to Their Attitude Toward
McRsure-HOt shot for the
Railway MaEnates.

up in the regular order of business shortly
before O'Clock and held the floor until the
doors were closed for a brief executive
session a few minutes after O'Clock. Mr..
Rayner was the chief speaker Of the day
and the debate that took place was pro-
voked by some Of his utterances. Among
the senators who were aroused by him were
Messrs. Foraker. Lodge and DolIiver.
Both the Ohio senator and the Massa-
chusetts senator took exceptions to Air.
Rayners contention that the railroads have
interfered in the framing of the bill and
Mr.. Foraker also expressed himself dis
satisfied with the intimation that the rail-
roads are represented on the floor of thu
senate. Mr.. Dolliver expressed displeasure
with the plea for amendment and went so
far as to say that the help OF such friends
as Mr.. Rayner could very well be dispensed
with. Other senators who participated in
! the debate were Messrs. Aldrich, Tillman
and Knox.
| Mr.. Knox freely expressed his opinion
that the bill would be unconstitutional
| without provision for the review OF the
commissions finding by the court.
/ Mr.. Tillman reiterated his objection to
| the bill and INDUCED I'm some character
/ istic phrases in stating his position, con-
cluding with the remark that he believed
that the bill could be so amended as to
make it acceptable.
The argument of Mr. Rayner was directed
in favor of the general proposition that
congress has the right to fix rates. but the
bill should be so amended as to disuense
with the suspension provision. He also ad-
vocated other amendments.
warren on Live stock Law.
Mr.. Warren addressed the senate on
/ -
thirty-six hours the time during which
live stock in transit on railroad trains
may be confined without change. saying
that the measure was in the interests of
humanitarianism and should be passed. He
said that the extension OF time was to
be made only upon the request OF shippers
and that it would not work a hardship on
either owners or their stock.
The bill was reported by the committee
on agriculture and a number of senators
made objection that 1t should have been
considered by the committee on interstate
commerce. Mr.. Ellxns' expressed the opin-
ion that the bill would have been reported
favorably IL the Interstate Commerce COM
mittee had the consideration OF it. Mr..
Tillman contended that to keep cattle con-
fined for more than twenty-eight hours
| would cause a feverish condition rendering
the stock unit for butchering.
4 Mr.. Warren contended that the result
would be the opposite OF that indicated by
4 the South Carolina senator.
After further discussion OF the measure
by Messrs. Carter, Lodge. Hepburn. Gal
liuger and spooner the bill was laid aside
and resolution authorizing teachers in
Alaska TO assign their salaries to others
was passed.
senator Rayner Talks.
Mr.. Rayner then addressed the senate In
support OF the railroad rate bill.
Mr.. Raynor announced ms adherance to
the rate bill as It passed the house. After
stating that the power to regulate COM
merce among the states is the greatest
power conferred upon congress by the
constitution. Mr.. Raynor entered immedi-
ately upon the consideration OF the various
branches Of his subject. He expressed the
opinion that discrimination is the real
issue. saying:
IT, an accurate railroad discrimination
map of the United States were published
today there is hardly anyone who could be
made to believe that IL truly represents
the actual situation. We know, for In
merchandise from Chicago TO Denver is
nearly three times as much as the rate on
from New York to San Francisco We
know that IL costs less 10 ship goods the
entire distance across the continent than
i''ts Il does 20 ship the same goods one-third
the distance ana that when goods are
destined from Boston TO Salt Lake City
again to Salt Lake City in order to OBJ
tain the cheap rate and knowing these
| things we must realize that such condi-
| tion OF affairs at least requires supervision
| on the part OF some tribunal outside OF
and beyond the railroad that are simply
| building up their own territory to Increase
their own revenue and prohts.
Common sense Needed.
Admitting the difficulty of dealing with
this subject, because of the effect OF water
competition, Mr.. Rayner said:
What we require is Il little common sense
upon this subject. We cannot pass law
OF Iowa Immediately into great manufac-
turing centers, but what We can do Is to
take broad view OF the whole neld and
ascertain II we cannot endow tribunal
! with adequate power whenever cases occur
, where unnecessary discrimination is prae-
ticed TO apply remedy without inficung
any injury upon the railroad
Discussing what he declared TO be the
impotency Of the Interstate Commerce COM
mission under the present law TO enforce
rate-making DEGREES, Mr.. Rayner said:
We may scheme and forge and fashion.
but IL Is not within the rAalun OF human
tbe rate-making power that will remedy
the defect and supply the omission.
, Mr. 'Rayner replied seriatim to Mr.. For
aker's points. Complimenting his antago.
mist in high terms, ne SAID:
Il have never known hopeless cause to
be managed with such Neonsunmate and
matchless skin"
, Power of Com mission.
: In reply TO the contention that congress
has not the rOwer to blend the judicial
and legislative powers in body like the
Interstate Commerce commission, Mr.. Ray
, ner argued that there Is no such blending.
He continued:
! will not for a moment admit. as the
senator from Ohio claims. that the com
mission in fixing rates is either exercising
a judicial or a legislative power l viii
admit that when, upon complaint and
answer and testimony taken. II declares a
rate TO be unreasonable II Is in the exer-
, else Of a judicial function; but this is BY
: no means investing II with the powers Of
, court, because IL can pass no order and
execute no process that Is effective to carry
it's ruling into execution. So far as the
: exercise OF a legislative function Is con-
cerned. when IL hNes new rate IN place
Of the rate that has been challenged. ln
{ every case that / have examined upon the
subject. including each one OF the cases
cited by the senator from Ohio, this func-
. ton Is spoken of as an administrative and
not legislative function.
The speaker ridiculed the objection that
m