The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-03-29

4 thOrity Of an act of congress. would
| prevent courts from granting injunc-
| tons suspending the order. unless abun-
/ dant proof were submitted TO justify
/ such a course.
Warm praise was bestowed by Mr..
/ Knox upon the men who prepared the
l pending hill. but he said he was SIN
| cerely convinced that as it now stands,
1 st utterly fails TO accomplish their
! beneficent purposes. and indeed. wholly
! defeat them" He reiterated that he
! regarded the bill as unconstitutional
! Mr. Knox asserted emDhatically that
under the pending bill in no way can
an order of the commission be brought
| into court by proceedings against the
| commission.
Effect of House Bill.
trainers of this bill may have been, -
said Mr.. Knox, they have succeeded
! in producing a measure which permits
an administrative body to make orders
| respecting property rights, gives no
right to the owner of the property TO
tetst their lawfulness in the courts in
direct proceeding. denies the right to
challenge their lawfulness IN proceed
/ ings to enforce them, and penalties the
owner of the property in the sum of
| $4,000 a day If it seeks a supposed rem
edy outside of the provisions of the
| bill by challenging either its cOnsti-
tutionaIitv or the lawfulness Of the acts
performed under its provisions.
Ludicrous Differences.
Discussing the differences which thus
far have prevented any agreement be-
tween the two factions, one demanding
and the other opposing q specific pro-
vision for a court review, Mr.. Knox
said:
But for the seriousness of the sit
uation the matter would be most ludic-
TOus. Both sides agree that the right
should exist: one holds that it is the
bill or exists independently of it; the
other it is not in the bill, but should
be and yet the former, for some mys-
FERROUS and unaccountable reason OBJ
jects to an amendment which would
place the matter beyond doubt.
People Demand Action.
when we consider that the people
are asking for prompt. decisive and
effective action; that the present bill
distinctly contemplates a review; that
its constitutionality is seriously threat
ened by failure to provide for such re-
view If the other features are to stand,
that precedents of state legislation are
in favor of a review; that all the bills
presented i'm either house provide or
[
self as presented in both houses and s
originally prepared by the interstate
commerce commission contained pro-
vision for a review and that the pres
ident in his message speaks of the or
ders being subject TO review-when we
consider all these facts, the action of
those who are willing to imperil the
validity and effectiveness of this law
by not explicitly providing for a review
for no valid reason whatever, is to me
inCOmDrehensible."
Five Civilized Tribes.
When Mr. Knox concluded the con-
ference report on the bill settling the
affairs of the five civilized tribes was
taken up.
The conference report on the bill
providing for the settlement of the af
fairs of the five civilized tribes of In
dams was then laid before the senate
and Mr.. Iafollette took the floor in OPP
position to its acceptance. He yielded
the floor to Mr. Patterson, who made
a point of order against the provision
inserted by the conference committee
giving the commissioner to the five
civilized tribes final authority I'm de-
Gliding questions Of fact in the matter
of allotment of lands
Mr. Clapp. i'm charge of the report,
defended the provision on the ground
dictated a willingness to withdraw the
report, but said that before doing so
he would like to have other objections
presented and discussed. This request
was generally acceded to.
Considerable Criticism.
Mr.. Clark Of Wyoming criticised sew
eraI points Of the agreement. especial
" that regarding the coal lands in In
4 i
acceptance of the report would place
the entire control of the coal lands in
the hands of the secretary OF the in
terror instead Of congress
Mr. Clark also said that the con-
ferees had practically repealed the joint
resolution extending the Indian tribal
government until March. 1907. by de-
priving the different tribes Of all the
means of carrying on their various gov
ernments.
Mr.. I4afoIIette discussed the provi-I
sion dealing with the Indian territory
coal lands. saying that there are known
to be $4,000 acres of these lands and
that they are worth not less than S175.
0O0. 600 and possibly much more He
believed the senate should call halt
on the disposal of the lands until in
quiry can be made by the senate rela-
tive to the matter. The leasing of the
lands would be as unfortunate as their
sale.
Tillman's Suggestion.
Mr. Tillman suggested that an
amendment to prevent the railroads
from getting control of the Indian ter
ritory properties the government itself
purchase the lands.
He read a letter from a correspond |
ent at Edmond I. T, saying that not
withstanding the place is only 125 miles
from the mines in the territory. the
Atch son. topeka & Santa Fe railroad |
insists on bringing coal from Colorado /
in order to get the long haul. with the |
result that people In that town are com /
PEELED to pay 50 a ton for bituminous /
coal He expressed the belief that the 1
railroads either by transfer or "sOnle 4
other process had got control of prac- /
tically all the leases. He said if con-
gress did not take some step to pre- /
vent railroad control he would not I'M /
dertake to say what would happen.
Liable to Cause Trouble.