The Birmingham age-herald., 1906-01-17
SENATE PLUNGES
 INTO RATE MATTER Unexpectedly Finds Itself DiS- cu8sing the Question MEMBERS ARE INTERESTED MT. Fulton Held the Floor, But There Were Many Interruptions, Which Practically Resulted In Gen.
 erai Debate.
MEMBERS ARE INTERESTED

Washington, January 16.-Unexpeetedy today the Senate found itself considering the railroad rate question, which was precipitated by Mir. Fultons taking the floor to make brief speech in explana- tion of an amendment offered by him to the Deliver bill giving to courts of jus tice authority to modify orders of the interstate commerce commission impos- ing an unreasonable rate.
 He had not proceeded far when he was switched from a general discussion of the terms of the provisions to a defense of the principle which he seeks to establish and general debate followed. MT. Full ton held the floor throughout, but there were many interruptions, and other sem ators fully shared the time, among them being Messrs. Foraker, Spooner. Bailey and Clay. The discussion was listened to most attentively by all the senators. showing the great interest that is felt in the subject. The trend of the contro- versy was all toward the point whether Congress has the right to delegate au- thority to fix rates and whether the courts may determine what is a reason able rate. MT. Fulton contended that the courts may legitimately exercise this right
 Mir Scott made a brief speech in sup port of the merchant marine shipping bill, and Mr. Heyburn gave notice that tomorrow he would ask the Senate to name day for voting on the pure food bill.
 Unitarian Opens With Prayer.
 In the absence of Dr. Edward Everett Hale, the opening prayer in the Senate today was delivered by Rev. Ulysses G. B. Pierce pastor of the Unitarian church of this city.
 At the instance of MT Tillman a reso- 1ution was passed directing the Senate committee on naval affairs to inquire into the practice of the navy department with respect to the employment of competent pilots for naval vessels The resolution directs specific investigation into the ''groundings and collisions which occurred i on the 7th instant to three out of five of the most valuable vessels of the navy, with no pilots on board while passing out of New York harbor and with only one pilot for the entire fleet" MT Culberson presented a resolution calling upon the Secretary of War for in- i formation as to whether any officials of ! the United States army own lands in the Philippines but under objection it went over without action.
 MT. Fulton called up and spoke on his proposed amendment to the Deliver rail- road rebate bill, giving courts power to modify orders of the interstate commerce commission, when such orders are confis- | catory. He said that the provision is in- tended to prevent the enforcement of un- just decrees and argued that as the bill stands fin case such an order should be issued. it would be impossible for the commission to change it until great delay with the consequent great eN- pense.
 1 Tn response to a suggestion by MT. Clay he contended that the amendment does not confer legislative functions upon the courts. He said that only Congress had power to fix rates, but that it could enact laws delegating the authority.
 For Judicial Determination.
 He said in response to a question from MT. McCumber that he did not consider the determination of what was a reason able rate in given case. a matter for legislation, but rather for judicial deter imitation.
 MT. Foraker also took the view that such action was necessarily a judicial function and said lnat courts fixing such rates should have authority to enjoin l BTeattT rates lild4 tHOsS A4cu by luein.
 MT. Spencer defined the present stat. ] utes to be in accordance with the su- preme court that the courts had the | right to determine what rates was req sonable in designated cases, but that the l fixing of rates for the future was nec- essarily not a judicial function. I MT. Fulton and MT. Bailey engaged in a colloauy over the question of rates, the 1 former contending for the right of the courts to determine what was a reasona- ble rate and the latter inclining to the l opinion that courts could only determine that certain cases were unreasonable. MT. | Fulton contended that the determination of one point included the other. but Mir. | Bailey quoted decisions to show that l where courts had found rates to be con- ,fiscatory they had failed to attempt to | fix rate.
 MT. Foraker expressed the opinion that MT. Fulton was entirely correct in his | position.
 i MT. Bailey agreed that the courts had 1 power to enjoin unreasonable rates, 1 whether too high or too low, but urged l that no court could go beyond the case l in hand and by its decisions make regula- tions for the control of others than those l interested in the given proceeding. Exception to Rule. Mir Nelson thought there might be one 1 exception to the rule that the courts l shall not pass upon future rates, and that | was in cases fin which railroad com l pany threatened excessive rate. In such cases he thought the proposed action might be enjoined.
 | Mr. Bailey said that the supreme court I had decided that such action was not | within the scope of the courts. 1 MT. Fulton quoted authorities in support | of the proposition that the courts may fix | reasonable rates and argued that the pre- ponderance of precedents was favorable | to that position.
 MT. Spooner interrupted Mir Fulton to | say that he had stood with the latter in | the opinion that the courts had a right to determine what was reasonable rate when they had once held a rate not to be unreasonable, and proceeding Mir. Full ton said he was not prepared to say that | without some authority the courts could | go to the extent of fixing rates but that he believed that Congress had ample au- thority to confer upon them the right | to do so in given cases.
 MT. Spooner asked MT. Fulton why If the courts are to pass on the question of