New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-02-27
RATE FIGHT In SENATE.
LINES OF BATTLE DRAWN.
Both Sides Skirmishing for Position
Heavy Guns to Boom Soon.
From The Tribune Bureau. ]

CuOY GUNS 10 BOOM DOOH-
From The Tribune Bureau
Washington. Feb. Discriminating for posi-
ton is the term most expressive of the railroad
rate situation the eve of the greatest Iegls-
lative battle that has been fought in Congress
for a decade. Democrats and Republicans are
feeling their way with outpost and picket to
establish their battle lines throw up breast
works locate ambushes and prepare pitfalls for
the opposition. The Democrats in the Senate
are trying TO maintain q temporary ana. it is
believed. ephemeral advantage. while the efforts
OF the Republicans are to prevent a grave
threatened crisis in the party organization.
The Democrats are torn with conflicting Coun-
sci. One faction is for playing politics pure and
simple. They say: Lets stand together no
matter what the proposition is, and presenting
a solid front. will win to our support Re-
publicans of the Dolliver-Clapp group. and pass
a rate bill"
The Democrats who follow Senator Bailey say:
Lets frame this bill along the lines laid down
by Roosevelt and force the ultra-conservative
Republicans to accept it, while we claim it as
Democratic measure"
The Republicans alive TO the danger of a split
in their party the eve of a Congress election,
and viewing with concern the possibility of
Democratic amalgamation for political purposes
solely, are bestirring themselves to maintain
oldtime discipline and forget their fractional
grievances in the face of the common enemy. 1t
is way the Republicans have in time of po-
litcal STRESS to drop their own contentious and
the Notifications against besiegers.
Two facts appear to stand out prominently:
First, that the Hepburn bill is to be amended in
the Senate in several particulars; second that
the amendment likely to cause the greatest con-
tentfop is the scope Of the proposed appeal to
the courts.
THE DEMOCRATIC POSITION.
The position OF a majority of the Democrats
on the latter proposition expressed by their
leader Senator Bailey. is this mo amount of
popular clamor will cause a majority of the
Democrats of the Senate to deny any man his
day in court. But giving him free access to the
courts should be sufficient. We will oppose to
the end the plan of judicial review favored by
the majority of the Republicans of the Com
mittee on Interstate Commerce. and we believe
we will have the aid of a sufficient number Of
Republican votes in the Senate to prevent the
adoption Of that amendment. If we can pre-
vent 1t, there shall be no suspension of the rate
liked by the Interstate Commerce Commission
pending litigation in the courts"
The Democratic position stands for an appeal
to the courts solely the broad constitutional
question whether the appellants rights are
threatened under the clause of the Constitu-
3
be taken from him without due compensation
The Democrats insist that the appeal shall be
tried upon the made out by the Interstate
Commerce Commission. and not upon proceed
ings de novo.
In taking this ground they say they are falling
in behind the banner put forward by President
Roosevelt nearly year ago. In a speech made
before the IroQuois Club, at Chicago May 10.
1905. the President said:
The courts will retain and should retain, no
matter what the legislature does the power 10
interfere and upset any act that is coniscatory
in its nature I am well aware that the action
or such body as have spoken of may fall far
short Of confiscation and yet do great damage
In other words, am we'll aware that to give this
power means the possibility that the power may
be abused.
That possibility we must face. Any power
strong enough. any power which could be
granted sufficiently great TO be efficient would
be sufficiently great to be harmful If abused
That is true Of the power Of taxation. II is per-
fectly possible for the body that has the power
of taxation tntrusted to it use it viciously and
classes.
Nevertheless, the power must exist: it must be
lodged In some body which is to give expression
TO the needs of the people as whole. The fact
that it is possible the power may be abused is
not, and cannot, be an argument against placing
II where we shall have a right to expect that II
will be used fairly toward all.
DIVISION IN THEIR RANKS.
However. coming division in the Democratic
ranks was foreshadowed to-day by the introduce
ton Of a rival rate bill by Senator Culberson of
Texas. the colleague Of the Democratic leader.
1t is evident that these TWO eminent Dem
ocrats from the same State are not in thorough
accord on the subject Of rate legislation, and it
is taken as augury of further differences of
opinion.
Senator Culberson's bill, perhaps. represents
the more radical Democratic view One of Its
main provisions is to the effect that I'm Consid-
ering whether a rate is confiscatory in nature
the court shall take into account the ''watersd'
stocks and bonds of the corporation.