Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-03-28

commission has abundant power to seek and
discover deviations from the great purpose
of the act to secure equality of right for all,
but it wholly acks power to enforce it's or
ders and DEGREES and that its orders and
DEGREES do not have the force of law until
made so by judicial decree. After reciting
q portion Of the Presidents message calling
attention to the adyisa blity of expanding
the powers of the commission the senator
referred to some of his (Mr. Knox's) former
uttarances and reiterated that the efforts
of the government to check this concentra-
ton of power under the provisions of ex-
isting laws should be supplemented by leg
islation which will prevent the abuse of the
power of taxing the movement of persons
and property under any forms of concentra-
ton, or under any circumstances whatever,
and that short and simple law would reach
the root of the trouble.
The Knox Bill
He reviewed his publicly expressed ideas,
which tentative suggestions. he said, were
elaborated in the bill he introduced several
weeks ago. He declared his bill compre-
shends and deals with the mischiefs for
which Congress is seeking a remedy more
effectually than any measure yet brought
to the attention of Congress. The purport
of the Knox bill was explained briefly by It's
author Mr.. Knox said the theory which
it was drawn Is that general words In a
statute which sufficiently comprehensive
to cover the evil aimed at make better and
more effective legislation than specific pro-
hibition of the evil in the forms in which
II has appeared. The recent decision of the
Supreme Court in the Chesapeake and Ohio
railroad coal cases. constituting the general
words of prohibition against discrimination
in the Elkjns act, and the decision in the
Northern Securities case, constituting the
general words of prohibition in the Sher-
man act, he said, confirm the wisdom of
this method of legislation. In celebrating
on the fifth section of his bill. which pro-
vides for a review by the courts Of orders
of the commission Mr. Knox said that the
omission of such feature from the House
bill constitutes the main difference between
the two measures. AS a preface to large
number of extracts from court decisions up
holding his position, Mr.. Knox said:
1T Is Obvious that a law comforting the
tremendous power which it Is proposed by
all the bills under consideration to confer
upon the commission. to substitute one rate
or practice for another; must be drawn
upon one of two theories: Upon the theory
that the order of the commission shall be
final and not renewable by the courts or
upon the theory that 1t shall be renewable
by the courts l have no hesitation In say
Ing, upon the authority of the cases which
have already been submitted to the Senate
by the distinguished senators who have par
ticfpated in this debate, that a bill drawn
upon the theory that the orders of the COM
mission shall be final and unassailable In
the courts would be unconstitutional"
Rights of the Railways.
The decisions quoted, said Mr. Knox,
prove that the railroads are entitled to their
day in court. and that an act which pre-
vents a judicial review or determination CT
the question of the reasonableness of an
order of the commission would deprive the
carriers OF this constitutional right and
would therefore be unconstitutional Mr.
Knox said that In his bill he had UNDER
taken to preserve the constitutionality CT
purpose of the measure and to throw
around the provision for the review such
constitutional restrictions and terms as
would prevent unnecessary or frivolous ap-
peals to defeat the end of the remedial Leg
tslatton. His court review section he said
provides that the question to be submitted
to the courts Is solely whether the order of
the commission violates the complainant's
rights. This statement was amplhed as
follows:
ut is the heritage of every English-speak-
ing man, or association of men, to have his
rights determined In a court. 1t Is for the
court to decide what those rights are. An
attempt to specify what right shall be de-
termined by the court must be fatal to the
constituttonality OF the legislation If the
specification should not include all his
rights, he would be shorn of constitutional
privilege. Should it undertake to enumer-
ate rights which he could not establish. it
would be meaningless and unintelligent leg
isiation. II his rights are determined
solely by the Constitution. that instrument
"oaiu " VI" lis1aoutv cfipioyeu IN their de-
termination. II he has rights vested upon
some other foundation limitation placed
upon him to have nothing but his consti-
tntfonal rights determined would be a fatal
objection
Suspending the Commissions Orders.
Mr.. Knox advocated provision against
the suspension OF the commissions orders
OF interlocutory DEGREES without requiring a
cash deposit or bond to secure to the
parties entitled to repayment the differ
ence aetween the commissions rate and
the railroad rate II the commissions rate