The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-03-20

lating interstate commerce. he stated
that the most important is found In
section Is, in which power is sought
to be vested In the interstate coE-
merce commission after full hearing
upon a complaint made TO determine
and prescribe what will il its judgment
be the just and reasonable and fair
IL remunerative rate, TO be
thereafter observed in such case as
the maximum to he charged" and 10
make an order that the same shall
go into effect and remain in force for
three years, which order shall go INTO
effect thirty days after notice 10 the
carrier, unless the same shall be sus-
pended or modified, or set aside by
the commission CIR be suspended or
set aside by a court of competent au-
thority."
Concerning this section Mr.. Tilln,an
said:
Around the first provision the most
earnest and exciting contention has
arisen and there is great difference
Of opinion as TO h scope OF thu
clause and the executive powers Of
! the commission under it. On the one
! hand, it is claimed almost positively
that congress can not delegate its pow
er of the commission and thus at
thOriZe to fix a rate, while on n
other hand it is asserted with equal
| earnestness and force that this DEwer
is indispUtable. Whatever may be the
results of7this discussion in the senate.
If the bill becomes a law, the final
determination of the question at issue
must be made by the supreme court"
There is, he said, even greater solicit
tude UPON the question of judicial re-
view.
Mr.. Tillman added that at the same
time the cries of the people are fe-
manding relief for producers and ship
pers. He declared that it is the duty
of congress to hold an even balance
between these conflicting and contend
ing interests.
M1. T1llman inclined to H2e view
and he had not the slightest doubt
that it is possible to properly amend
the bill so as to prohibit the circuit
courts from interfering with the or
ders of the interstate commerce COM
mission by any interlOcutorg order.
The senate must determine by it's
vote what shall be its attitude upon
the questions of court review and in
terlocutory suspensions.
THE whole question at issue as to
giving relief to the producing inter-
ests of the country revOfFes around
this feature of the bill Ii any deci-
sion of the supreme our shall de-
clare that congress is p0Nerless to
grant speedy relief through a commits
sion, it needs no prophet to tell that
an outburst of surprise AID indigna-
ton will sweep over the country"
Summing up the situation, he said:
1t is impossible to deny that this
great accumulation of weAlth in the
bands of the few is SUCH a menace to
liberty that the honest patriot stands
appalled, by the outlook"
After commenting at length upon
what he declared to be ra;e existing
system of juggling with railroad prep
critics, ."for the robbery OF the mass
es," Nj. Tillman said.
There is a dangerous provision in
This bill, which, in my Judgment, ought
to be stricken out, and that is in Sec
ton Is, where the interstate COM
merce commission is told to deter
mine and prescribe what will, in its
Judgment, be the just and reasonable
and fairly remunerat5ve rate etc.
The last words are TOO elastic and m
biguous, and can be construed to mean
too much that it would BE harmful
and dangerous for congress to enact in
to a law. Fairly remunRretive rate
on what the actual value Or fictitious
value Of the properties.
Mr.. Tillman declared there can be
no justice in compelling the people as
a whole to pay dividends OF watered
b ~s~0 - IL ~
tunes of men already too rich.
"Whatever else congress does or
fails to do" he added, the moducers
of the country should be relieved from
ssuch danger Of being compelled to
make good the values of owe capital
tied railroads as turks in this inno-
esnt looking and plausible provision
about fairly remunerative rates"
Nj. Tillman recommended that
amendments t o the bill be adopted
which would give relief to the anom-
4lous and outrageous conditions of
affairs disclosed as existing in West
Virginia"
Vested with the rights of eminent
domain to construct their lines and
granted liberal franchises and char
tess, the railroads, designed to be pub
lie carriers for the benefit OF the
whole people in the last few years
haze become rapidly transformed into
the ,veriest band of robbers-highway-
men-who do not thrust their pistols
in the faces of their victims and de-
mard money or their lives, but who
levy tribute in freight rates which aRs
as high as the traffic will bear, deny
access to market, mOnopolize with
brazen effrontery one Of the prime nee
essaries of Aife-coal-and in every
way snow their absolute contempt for
the people ane the peoples rights"
Mr.. Tillman concluded with "a word
Of cauIaon to the friends CT the pro-
posed Legislation" He said
Our full expectations may not be
realized at the present session of CON
gress. The opponents of effective leg
islation are alert, nave had large expe-
rience. ana are thoroughly organized.