Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-14
SIMMONS ON FREIGHT RATES
Ccontinued from rlrst pasel

Continued from First Page
rates 1900 miles OF railway was con-
structed in this country. He also referred
TO the experience Of many of the states in
regulating the roads, saying that in all
cases where there were commissions the
growth Of the railroad system had been
commensurate with that Of the other in
dustries of the states.
He defended the Interstate Commerce
commission against the charge of inoom-
potency and, coming abruptly to the ques-
ton OF the power that should be given the
courts said;
We had as we'll lock the fact in the race
The plain truth in this contest between
these corporations. and the people Is that
the railroads want the laws affecting them
administered fy tribunals composed Of men
appointed for life and whose amenability
I to the people Is therefore remote. They
are not opposed to trusting the powers
conferred by this legislation in the Inter-
state Commerce commission because they
do not believe competent and impartial men
will at all times compose that commission,
but because they fear that the power Of
the people to quickly call them to account
for any forgetfulness Of their interest will
lead them to put the public veal above
that Of special privilege.
As TO Review in Courts.
He announced, however. that he mad mo
courts as does not in effect either inter-
fere with the rightful authority OF congress
in this matter of rates or so hamper It in
the discharge OF these powers through its
/ commission as to defeat or render ineffec-
| tive, in whole or in part. its lawful pur-
poses with respect to this subject"
He added: with these limitations the
! right of review by the courts ought not to
be denied, and IL 1t does not already exist
it ought to be conferred"
! He went on TO say that the courts al
ready have, without further legislation. all
the authority and power over this subject
which they can exercise without substi-
Ftuting their Judgment for that of congress
in a matter entrusted by. the constitution
to- the exclusive judgment Of congress
After a presentation of this legal phase
Of the case Mr. Simmons said:
Ny chief. apprehension concerning this
measure IS that while the courts have not
View iaWS rate tssd ana oFde s SS Sc
commission, and while this bill, by not
comforting 1t denies to them that right, stt
IN actual practice, by means of interlocu-
tory orders based upon eX parte showings
! of unreasOnabIeness, these orders may pt
way many Unbelievable as we'll review.
able orders of the commission will be held
in allegiance until final decree,
1t Is probable that the only escape from
this danger will be found in taking from
the courts the right to suspend the orders
Of the commission in any and all cases
If congress can do this, would it be rlgh
to do II? Would IL be good or had policy
If It would be wrong or unjust to do d
we cannot, as individuals or as n nation
afford to do it for mere profits sake.
Yet he had, he said. reluctantly reached
the conclusion that the power of suspen
sion should be employed. IL the power ex
sists TO suspend 1t.
Mr. Simmons concluded at $3.50 p. m. anC
the senate Immediately went into execu
tive session and adjourned ten minutes
later.