Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-03-01

a further discussion of the railroad
land grant in Indian Territory, with the
result that Mr.. Aldrich's resolution eX-
tending the tribal government of the
Indians was adopted. after it was SO
modified as to carry that government
over until March 4 1907.
A number of private bills. most of
them granting pension increases, We're
passed.
Immediately after the conclusion of
the routine business of the Senate For
aknr took the floor to deliver his prom
ised speech on the railroad rate ques-
ton. The galleries were full and there
also was a large attendance of sena-
tors. Notwithstanding the senator de-
parted from his custom of eXtempora-
ne"us speaking and read from manu-
script he received careful attention.
Foraker conceded that some evils ex-
list in connection with the railroads but
urged that all of them could be more
effectively met by amending the Elkins
law than by passing the pending bill
He announced his regret at differing
from the President. but said he could
not see his way clear to pursue any
other course. He gave a general re-
view of the history of the railroad de-
velopnient of the country and passed to
| the consideration of the evils of the
system which he said are necessarily
| incident to the upbuilding Of so vast an
| interest. His attitude toward the pend
| ing railroad rate bill was correctly out
| lined in the first paragraph in which
! he said of the bill, 1T is so contrary
| to the spirit of our institutions and of
| such drastic and revolutionary charac-
| ter that. if not in its immediate effect,
| at least as precedent the conse-
| qucnces are likely to be most unusual
| and far-reaching"
| He discussed the railroad evils as of
| three classes, excessive rates. rebates
| ana determinations. He found little to
complain of under the first heading but
| Sain there are some instances Of
| charges that are too high and he
thought prompt and effective remedy
| should be provided. A more serious
| evil he found in reba ties and he traced
| the present extensive railroad CONSOLE
cations to the fact that the supreme
court decisions against pooling had left
| the roads without protection from the
| rebate system except to resort to some
general understanding. Referring to
| the ElkinS law he said:
| mere has been no serious attempt to
ENFORCE this law 10 prevent discrmina-
| tons as 10 localities but a glance at
| It's provisions viii suffice to snow that
| II IS as broad direct. explicit and eff
cleht TO remedy that kind of an evil.
| Wherever 1t may exist. az it has been
found t" be as to personal discrimina
IONS. That the law has not been test
ed IN this respect is not due to anv
fault of the law but because no one has
| seen fit to invoke it"
| The fault. he added lis not with
the existing law, but with the officials
who have not enforced it."
Announcing his own position he said.
| Il believe in the court plan nc con
| trafistinguiShed from the rate naLi,,
| pian. not alone because il is much sim
| pie'. huch more expeditions. much
| more tfHcient. and without EXPENSE To
| me shipper. but because, in addition to
All tha'' IL avoids all legal and con-
stitutional questions While the rato
making plan as set forth in tbis hi, A.,
| counters number of such ouestiops
| that are of the most serious ch.,.aota,.
ana some of them in my Judgment
| fatal" ~
| Regarding the right of Congress to
make rates he declared "the snnra,,,o
court has never yet passed on that
question and that there are man,, ~;
nent lawyers who are of the onipio,
that the court will hold. when il docs
decide that question. that Congress-
does rot have that power"
''The reasoning" he said, Seems to
me to he sound and the effect Of if an
solutely fatal to this entire scban,a NJ
legislation
"Manifestly it is utterly imnoss;h,.
for Congress by statute to fly al ~.
4 Continued on Page Two,