The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1906-03-02
FORAKER MAKES
HIS EXPECTED PLEA
Says Deliver Bill Doesn't Meet
the Matter Hoped to
Remedy.
THERE is PLENTY OF LAW
All That Is Needed Is Enforcement
Touehinsly Exprssse. His Regret
That He 10 Forced TO op-
pose tho President.

Washington, March 2.-Immediately
after the conclusion of routine bust
ness In the senate today, Senator For
aker took the floor to deliver his prom
Used speech against the railroad rate
bill. He received careful attention.
Senator Foraker conceded that some
evils exist In connection with railroads,
but urged that all of them could be
more effectively met by amending the
Elkins law than by passing the pend
ing bill.
He announced his regret at differ
Ing from the president. but said he
could not see his way clear to pursue
any other course His attitude towards
pending railroad rate bill was cor
rectly outlined in his first paragraph.
In which he said of the bill: ut is so
contrary to the spirit of our institu-
lions. and of such u drastic revolu-
| tionary character. that II not in its
immediate effect at least it's precedent,
| consequences are likely to be most UNI
| usual and far-rcaching.
He discussed the railroad evils as OF
three classes. excessive rates. rebates
and Determinations. He found little
| to complain OF under the first heading.
but said there are some instances of
| charges that are too high and he
thought prompt and effective REM
edy should be provided.
| It0uIy OF LAW NO GnfOTCeW6nI.
A more serious evil he found in re-
bates. and he traced the present en-
| tensive railroad consultations to the
fact that the supreme court decisions
| against pooling had left the roads
without protection from the rebate
system except to resort to some gen.
eral understanding Referring to the
Elkins law he said
There has been no serious attempt
| to enforce this law to prevent dis
ordinations as to localities. but a
| glance at its provisions will suffice to
show that it Is as broad. direct. ex-
plicit and efficient to remedy that kind
of an evil wherever 1t may exist, as 1t
has been found to be as to personal
not been tested in this respect is not
due to any fault OF the law, but be-
! cause no one has seen fit to invoke
It,"
"The fault" he added. sis not what
the existing law. but what the off,
Gals who have not enforced It,"
Announcing his own position he
said: Il believe in the court plan. as
contradistinguished from the rate
making, not alone because it is much
simpler. much more expeditions. much
| more eXpedient and without expense to
the shipper. but because in addition to
| all that 1t avoids all legal and consti-
tutional questions. while the rate max
! ing plan as set forth in this bill en-
| countered number of such questions
that are of the most serious character
and some OF them, in my Judgment
| fatal"
Doubts Congress- Right.
Regarding the right Of congress to
make rates he declared the supreme
court has never yet passed on that
| question and that there arc many emil
/ nent lawyers who are of the opinion
that the court will hold when ii does
decide that question. that congress
does not have that power.
| Their reasoning" he said. Seems
to me to be sound and the effect of il
absolutely fatal to this entire scheme
| of legislation"
Discussing the penalties provided by
the bill he said they would amount to
$3.50. 200 per month and declared that the
penalties prescribed are OF such ex-
| IRENE cumulative and burdensOme
| character as to deter a carrier from re-
sorting to the courts. except only where
either the case is entirely clear as as
to Its final outcome or the consequences
/ of an obeyance Of the order are OF such
bankrupting character as to make 1t
impossible. with due regard for che
rights Of its creditors and stockholders
for 1t to submit.
| Mr.. Foraker said that If the bill Is Ia
| become law it should contain a court
| review provision.
Criticises Pending Bill.
He declared that little or no legisla-
ton is needed and that the Elkins law
slightly amended is sufficient If en-
forced. He pointed out that the Hep
rebates or prevent carriers from en-
gaging i'll other kinds of business and
| that 1t does not enforce classification
nor deal with discrimination as to To-
| calities. The senator stated the bill had
| passed the house without amendment
because, as the newspapers announced
the order had gone forth" that, while
there might be debate. no amendment
no matter how necessary 1t might ap-
pear. should be allowed. The bill ca me
to the senate, and as far az the com
mittee Is concerned there has been a
repetition OF that experience. he said
ITO even suggest" he added, that
the bill is filled with unconstitutional
provisions or that 1t Will prove i'm
practicable in operation is heralded rs
species of treason to whom or tC
what nobody knows. The whole pro
ceeding is without a precedent In m,
experience and probably in the htstory
of the nation. II we are to abdicate
our functions and permit such an i'm.
perfect, i'll advised and Ill considered
bill to become a law. discredit will at.
tach and disappoint, and disappoint.
ment will follow not only to those who
desire such legislation as the house
committee suggested. but to all the
people"
Regrets Difference with Roosevelt.
Mr.. Foraker concluded:
ut is not either easy or agreeable tc
differ with the president. He is 1h;
head for the time being not only of tht
nation, but also OF the political part,
of which I am proud to be a member.
believe that the welfare of the natior
is most beneficially promoted by til,
supremacy OF the republican policie,
and on this account think every MAJ
who believes in the policies OF tina
party should do all in his power to Sc
cure harmony of purpose and unity
of action among its members with re
spect to national affairs In this be
half he should be willing to make con
cession In minor matters. but whel
questions arise OF such commanding i'm
4 portance as these, it is the duty Of ey
cry man who has an official responsible
ity to discharge with respect to then
4 to make careful investigation and thel
~ 4,