Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-03-14
Addresses tho Senate in Favor
Of the Measure as Reported
From the House
REPLIES TO sENAroR FORAKER
Declares the Ohio Senator Made a
Good Case for Guilty Client, But
That tho Legal Wall He Had Erect
ed Is On Foundations Of ssnd-Bab.
cock Speaks in tho House.

Washington. March 1i.--Senator
Warren today addressed the senate on
the bill extending from twenty-eight
to thirty-s six hours time during which
the livestock In transit Oh railroad
trains may be confined without change,
saying the measure was In the Interest
of humanitarianism, and should be
passed. The fortiilcations bill was re-
ported by Senator Perkins. 1t carries
appropriations aggregating $5,619,000
an Increase OF $7so.00O over the amount
appropriated by the house bill Rayner
then addressed the senate in support of
the railroad rate bin.
Mr.. Rayner announced his adher-
ence to THE rate bill as 1t passed the
house. After stating that the power TO
regulate commerce among the states is
the greatest power conferred upon con-
gress by the constitution. Mr. Rayner
Immediately upon the consideration of
the various branches OF his subject
He gave very little time to the aues-
ttons of rebates and unreasonable
rates. saying that the former may be
regulated under the Elkins law and
that there Is comparatively complaint
regarding rates. He said, however,.
that there are some exceptions In the
matter Of rates and declared that
wherever the charge is greater than It
should be. the country ts without le-
gal remedy. He expressed the opinion
that discrimination is the real Issue.
IT. he said, IAN accurate railroad
discrimination map Of the United
States were published today there Is
hardly any one who could be made to
believe that 1t truly represents the ac-
tti al situation. Itswould, he &lerldetI by
the public as the product and halluci-
nation of a dlsordered intellect. Wa
Know, for instance. that the rate on
certain lines of merchandise from Chi
cago to Denver is nearly three times as
much as the rate on precisely the
same line Of merchandise from New
York to San Francisco We know that
the rate upon first class
freight from New England to
the gulf Is less than the rate from,
Chicago to the same Terminals altho
the distance Is more than 500 miles
greater We know that 1t costs less
to ship goods the entire distance
across the continent than 1t does to
ship the same goods one third the dis
tance. and that when goods are des-
tined from Boston to Salt Lake City
they are carried to California and back
again to Salt Lake City in order to
Obtain the nh IN. o,,l
these things, we must realize that such
q condition Of affairs at least
requires supervision upon the part of
some tribunal outside of and beyond
the railroads that are simply building
up their own territory to increase
their own revenue and profits"
Admitting the difficulty Of. dealing
with this subject because of the effect
of water competition, Mr.. Rayner said:
What we require is little common
sense upon this subject. We cannot
pass law that will convert the towns
and hamlets of Iowa Immediately into
great manufacturing centers, nor
frame a statute for the special benefit
of grain shipper in the city of Mil
but what we can do is to take
OLOu0 view vi tIG WUOIG ilHIO ana
ascertain II we cannot endow tribunal
with adequate power whenever cases
occur where unnecessary discrimina-
tion is practiced to apply remedy
without inflicting any injury upon the
railroad"
Discussing what he declared to be
the impotency OF the interstate COM
merce commission under the present
law to enforce rate making DEGREES,
Mr.. Rayner said: I'VE may scheme
and forge and fashion" he said, "but
it is not within the realm of human
ingenuity to formulate any plan ex-
cept the rate making power that will
remedy the defect and supply the omis-
sion."
He contended that there is no doubt
of the power of congress to vest a
commission with the power to estab-
lish rates, basing his conclusion upon
decisions Of the supreme court. eve
settle the standard here that the rates
are to be reasonable and not discrim-
NATIVE, and a commission in pursuance
of an authority which we confer
upon it in each case decides the prop
er rate to be established. in accord
ance with the legislative standard that
we here enact" he said
Referring to Mr.. Foraker's conten-
ton that the holdings of the court are
against this power, he declared the
contrary to be true. THE supreme
court of the United States," he added,
has over and over again decided that
the states have the right to organize
commissions Of this character, and in
the various state constitutions there is
the same division of power between
the legislative, executive and judicial
functions as there is in the constitu-
ton of the United States Further
more, the supreme court has, in the
maximum rate cases, discussed at
length the proposition that congress
had not vested the power to fix rates
in the interstate commerce commits
sion and it never would have wasted
page after page upon discussion OF