The Minneapolis journal., 1906-05-18
THE DEBATE TODAY
Senate Resumes Consideration Of the
Teller Amendment.

Washington, May 18.-When the
railroad-rate bill was taken up today,
the senate resumed consideration of
the Teller amendment striking out of
the provision giving to the interstate
commerce commission the power to
prescribe rates, the words Gin it's judg-
ment.'
Senator Daniel made the first speech
on the Teller provision, taking the po-
in it's judgment' would not have the
effect of vitiating the biT as had been
contended. He declared, indeed, that
neither the presence nor the absence of
the words could affect the measure.
"If,' he said, "the words are re-
tanned, the commission will have ex-
plicit authority to do what it must
necessarily do if they are omitted'
Says Congress Has Power.
He said that as far back as 1924
Chief Justice Marshall had interpreted
the right of congress to delegate it's
power, and the rule then laid down
had been followed in innumerable
cases.
Senator Long also advocated the re-
tention of the words, agreeing with
Senator Allison that they constitute
part of the judicial review contem-
plated by the bill.
Spooner Expresses Doubt.
Senator Spooner expressed doubt as
to the wisdom of the provision.
1t is open to doubt and challenge -
ne said. He went on to say that, not
Withstanding his doubts, he would vote
for the bill because he wanted to see
some law enacted that would give the
courts an opportunity to pass on the
question Of delegated power. He rec
ogn1zed that congress could not itself
undertake to fix rates, hence the i'm
portance Of having definitely settled
the scope Of the congressional authori-
ty to confer it's constitutional power on
another body.
"If,' he concluded, cit was left to
should be retained, I would % hot "da dare re
to take the responsibility of leaving
Fulton for Retention.
Senator Fulton advocated the reten
tlon of the words, saying so far as the
supreme court decisions go they sustain
! it's right to confer it's authority, Sena
tor Bacon was of the opinion that the
words weaken the bill and therefore ad
vised that they be eliminated.
T. Senator Morgan would have the words
n1IlCheH ollC, because CneY cast a dOub
on the bill. Senator Lodge said there
had not been any understanding thai
would bind him to keep the debatabl,
words in the bill and, understanding o.
no understanding, he wanted the word
stricken out 1,@-.-.- - d. =: -. :.
eff the words remain and the law il
DECLARED unconstitutional, the peopl
will declare it a fraud and congress
will be held responsible,' he said.
| Knew Naught of Agreement.
i Mr.. Lodge said he knew moth
ing about any agreement. He hat
been shown the Allison amendments an,
had sal d that he approved them, but b
Gid not go further. Senator Forake
I said also that he knew Of no such agree
ment.
Senator Long said that Senator Ali
son had stated yesterday that the re
tention Of the words, fsin it's Judo
ment,'' was a part of the amendme ent
presented to him.
!, Senator Carter announced his inter
tion to vote against the retention O
the words, knowing that the amendmen
,, would be dealt with in conference. Ser
ator Simmons wanted them stricke
out because they, with other words i
the bill, confer judicial power on tn
commission. The amendment was adopt
ed, so to "a.