The Minneapolis journal., 1906-05-11
DENY RATE BILL
HAS 'WO0DCHUCK'
Il
Senators Declare Words, In Its
Judgment, I" Have Little
Impor tance.
Ry w. w, Jermane.

Washington, May ll.-ln .
Journal Of Tuesday Tues there asaaitas Was an a.
abs aPslels dsieaao on 's Trbune @ hitting that there
was perhaps a plot in the movement
that is on foot to take out of the rate
bins the words ''in it's Judgment. as
applied to the discretion of the, inter-
state commerce commission IN the exo
ercfse of its duties IN the hS'ng oI
rates.
Careful inquiry here fails to, disclose
the existence of any such plot on the
Dart of the conservative forces or the
senate. 1t is true that many Of the
conservatives prefer to have the words
omitted, and win so vote, on the theory
that if the words are left out, the scope
of the commissions authority VIII oe
somewhat narrowed. .s.-
some of the friends of the legislation
In the senate at the same time prefer
to have the words retained, bel1eVlng
their retention will serve to widen TINS
scope. But this difference OF oplnlon
is mot acute.
si Up to Supreme Court. -~
The question is purely academic, for
nobody knows what the supreme court
will hold reg arding it. Among the con-
seryatives in the senate, there are a
goodly number who maintain that me
retention or omission OF taese moths +ha
slightest degree, and this is also the
opinion Of a goodly number OF senators
who have been favoring the orlg1nat
house bill. The question is purely le,
gal in character, and is beset with all
The technicalities Of the law. :,
senate. I do not hear of more than two
or three who do think that the words
/ are, Important. The senators from the
northwest states, all Of them supporting
1 the president, are divided regarding
the meaning Of the words, but am Jus,
4 titled in saying that few of them regard
the question Important
that perhaps the words ''in its Judg'
ment'' might invalidate the bill, be.
ca11se after prescribing that a rate must
K ba reasonable. the use of these words
might indicate that the commission, was
j. to be invested with a certain discretion
ary power beyond the power OF con
gress to confer.
Clause Might Be Harmful.
OF course, the ascertaining what is
reasonable rate in itself !nvolves Jhe
exercise Of discretion, but it is claimed
BY the senators just referred to tha1
the use of these words is an enlarge,
ment Of the commission 8 constltut5o11a Id
authority and might be construed by
fhe courts as the substitution. OF the
Judgment of the. commission tor the
Judgment that can only be exercised ny
conoress Should the courts take this
view. the law would be endangered, or
the ground that the words referred te
imply a delegation, not Of the mere ne;
duty Of ascertaining. a TACT, put OF 1ne
exercise of original Judgment.
The friends Of the bill who want the
words retained say that when it comes
to a review of the action of the com
mission by the courts, the words be1ns
+ retained. the view may be narrowed
because the courts would recognize tina
the commission, having: been vestet est.1t
not be reversed, except for manifest O.
gross abuse.
The senator's who have been contend
ING for what has come to be known
the E:broad review want the word
taken out, because, If taken out, an
any effect is given yen by X{h;nt the courts o,,5 +
broaden the review by narrowing tn
commission s authority.
by the commission must be just an.
reasonable. It is claimed that the word
Gin it's judgnent' do not enlarge thi
general power with which the commits
sion is clothed.
= In Allison Amendment.
The Allison amendment leaves tn
words in. The alleged "woodchuck !;
In this part of the bill promises to dis
appear Just as the woodchuck' Of tn
race Issue disappeared this week.
When the proposition first came u
extending the power of the commissio
over Pullman cars and providing ttha
there should be equal accommodation
for all persons paying equal sums G
money for fare, certain southern sens
tors seemed to almost lose their sense
Bacon Of Georgia and Money Of Mi
sissippi, led the riot and only Bailey
Texas, seemed to realize that the prop
sition had no connection with the 'Ji1
Crow cars of southern railways.
Wednesday, when the subject can
UP again, the southern senators havi1
had time to think the matter over, Pu
man cars were included without opp
sition, and there was not a vote again
MISREPRESENTATION
: a a Is