Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1906-01-26
Number As
Fulton at the Bat.


OF Senator Fulton in action, of which
The LEADER reproduces the following
Rate legislation held the boards in
the Senate yesterday. The question
was brought forward Unexpectedly, and
from a source that had not been
guarded. AS soon rs the topic was
sprung, the Senate sat bolt upright and
took notice.
"The debate was provoked by Mr.,
Fulton, of Oregon. who made his first
appearance, so to speak, before the
Senate, and who, by the way, created
an excellent impression. He offered
an amendment to the Dolliver bill, Civ.
ing the courts power to modify orders
of the Interstate Commerce Commits
sion when such orders are confscatory.
Mr.. Fulton proceeded to explain his
proposition, and almost in twinkling
Messrs. Foraker, Bailey, Spooner aud
Nelson were at it hammer and tongs.
1t seemed at one time that the whole
question was to be opened up and
seriously debated. Mr.. Fulton S speech
was interrupted so frequently and at
such considerable length that he was
compelled TO occupy the floor for more
than two hours. He brought on one OF
the finest skirmish fights of which the
Senate has yet been the scene on the
question of railroad reform.
"Mr. Fulton said that his provision is
intended to prevent the enforcement OF
unjust DEGREES, and argued that as the
Dolhver bill stands in case such an
order should be issued it would be i'm
possible for the commission to change
it until after great delay, with conse-
quent great expense.
"In response to a suggestion by Mr..
Clay he contended that the amendment
does not confer legislative functions
upon the courts. lie said that only
Congress had power to fix rates, but
that it could enact lave delegating the
authority.
He said in response to a question
from Mr.. McCumber that he did not
consider the determination of what was
a reasonable rate in given case a mat
ter for legislation, but rather for judi
cial determination.
"Mr. Foraker also took the view that
such action was necessarily judicial
function, and said that courts fixing
such rates should have authority to
enioin greater rates than those fixed by
them.
"Mr. Spooner defined the present
status to be in accordance with decis-
ions OF the Supreme Court, that the
courts had the right to determine What
rate was reasonable in designated cases,
but that the fixing of rates for the
future was necessarily not judicial
function.
"Mr. Fulton and Mr.. Bailey engaged
in a colloquy about the question Of
rates, the former contending for the
right of the conrts to determine what
was reasonable rate and the latter
inclining to the opinion that courts
could only determine that certain cases
we're unreasonable. Mr.. Fulton con-
tended that the determination OF the
one point included the other.
"Mr. Foraker expressed the opinion
that Mr.. Fulton was entirely correct in
his position"
e%Se$ <s----
Home cured hams at Stewards Store.
Get your stationery printed at The
LEADER Office.
DIR. +. M. Carter of Newport was in
the city Monday.
Justice Noah Leabo of Yaquiua was
in the city yesterday.
Mrs. Moses Gregson and Fred Bailey
of Wnant are in the city today.
County Clerk Ira Wade made busi-
ness trip TO Corvallis yesterday.
Attorney G. E. Hawkins returned
yesterday evening from business trip
, to Albany.
Dick Franklin left this morning for
Seattle, where he expects to make his
future home.
: Mrs. and Mrs. Geo. A. Hall and son
Lester left this morning for three
weeks visit in Portland.
, The Butler brothers and others are
7 putting in telephone line to run via
Ona aud connect with Waldport. THH
t LEADER has been informed that the
{; farmers along the line are all in line
Q and the work of getting out the poles