The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-15
FUN OVER THE RATE BILL.
RAYNER MEETS ALL COMERS
IN A COLLOOUY.
Gillman Takes Part In II ami speaks Of Ills
Poor little Baby Hill. Sow sleeping in
Committee, ana Or the Brat lie Didn't
Like, That Was Placed In Ills Arms.

Like, That Was Placed In Ills Arms.
WASHINGTON, March 1i.--Senator lsador
Rayner dem. Md addressed the Senate
to-day on the Hepburn bin. His speech
precipitated a ~colloquial debate that held
the Senate until after 5 o'clock. Mr.. Rayner
said he would offer amendments to the
bill to substitute the words UNJUST COM
pensation" for "confiscatory" as a basis
for the carriers appeal to the courts and
would move to strike out the clause author
izing a suspension of a rate fixed by the com
mission pending a review oft by the courts
Unless the latter clause were struck out,
Mr.. Rayner declared, he could not vote for
the bill. He thought the Hepburn bill was
unconstitutional in its present form.
Mr.. Rayner's speech proved TO be one OF
the most entertaining yet heard on the
rate question. Mr.. Rayner invited ques-
lions, and il seemed at one time as if every
Senator would avail himself Of the invita-
ton. In reply to a question from Senator
Dolliver relating to the rights of parties
TO any case arising under the bill to go into
the United States court MIR. Rayner CON
tended that the bill granted no such privilege
unless as much as 81 900 Is involved, Mr.
Rayner suggested that some railroad lawyer
had draw the clause.
what lawyer have you i'll mlnd?" in
quired Mr.. Foraker.
Not you, )" replied Mr.. Rayner.
SIS the reference to Mr.. Dolliver?" in
quired Mr.. Foraker. at is the first time
! have heard that a railroad lawyer had
been engaged in the preparation OF this
bill"
Mr.. Dolliver denied that any railroad
lawyer mad any part in the preparation OF
the bill.
Referring to the ease with which injuno-
ions can be obtained. Mr., Rayner said:
Anybody can get an injunction from the
United States Circuit Court against any
body at any time. Why, you could get an
Injunction to prevent the Senator from
Ohio (Mr. Foraker from running for Presi-
dent"
This called out roars Of laughter, in which
Mr.. Foraker Joined.
In conclusion, Mr.. Rayner said he was In
favor Of the Hepburn bill, but it ought to be
amended In two particulars. He said the
word "oonhscatory" meant nothing. No
railroad could prove that a rate was con-
fiBcatory, Mr.. Rayner said that railroads
ought to have the right to 20 into courts FOR
review to determine whether u rate was 10
low as to be unjust compensation, and he
suggested that these words be substituted
for the word "confscatory."
Mr.. Knox-If the Senator believes that
this bill without the court review feature
Is unconstitutional will he vote for it and
give the people a stone when they are ask
Ing for bread?
Mr.. Rayner-Does the Senator believe
that the bill is Unconstitutional
Mr.. Knox-Most assuredly | do,
Mr.. Rayner-Then l refer the Senator
from Pennsylvania to the Senator from
Iowa, Mr.. Dolliver.
Mr.. K~nox-Doesn't the Senator believe
he would be rendering the people a higher
service by persisting in his effort to make
this bill constitutional?
Mr.. Rayner replied that he would offer
an amendment at the proper time. He in
timated that the difference of opinion in the
Senate on the court review feature was
more apparent than real. Thu Senator
from Iowa, Mr.. Dolliver, believed in a
limited court review.
Mr.. Dolliver-I have never objected to a
fair statement in the bill of the right to
apply to the Circuit Court for review, but
Ihave objected to making the Circuit Court
an appellate tribunal for the Interstate
Commerce Commission.
Mr.. Rayner agreed with the Senator
from Iowa, but objected to, the suspension
Of the rate pending judicial review.
Mr.. Dolliver replied that his posltion
was the same as that of the Senator from
Texas, MIR. Bailey.
Mr.. Rayner asserted that he had con
VSTT6Q Will Illo DtlldlS bClIlOSl dlIS u
and they were a unit, and he represented
lMr. Bailey'B views. The trouble seemed
to be that the Republicans could not get
together; Am
could rely on better friends to defend it
than the Senator from Maryland. He
accused Mr.. Rayner Of ~denouncing the
work Of the Interstate Commerce Committee
as a fraud
Mr.. Rayner thought the Interstate Com
merce Committee had done a great work
with the bill. This brought roars Of laughter
from the Senators. The browning act,
he said, was when it placed the bill in the
hands of a Democrat.
Mr.. Aldriqh Rep., r. ~ inquired If Mr..
Rayner would give to the shipper the right
OF review in the courts as to whether a rate
was extortionate, just as he had proposed
to accord TO the carrier the right to a re-
view by the courts to determine the ques-
ton OF unjust compensation.
Mr.. Rayner said he would give the carrier
the right to the review as stated, but bought
1t dangerous to go further. In addition he
would strike the susy ension clause from the
bill. as the Democrats, after comforting,
had agreed. H, asked Mr.. Aldrich II he
would agree to vote for an amendment
striking out the suspension clause.
Mr.. Aldrich said that he would want to
study tie amendment.
Mr.. fnoX suggeste that before the
Senators from Maryland and Rhode Island
oettled the question OF s~uspending the rate
pending ludlClal review tney snOulu ueclO0
Whether there WAS to be a review
Mr.. R~ayner-Does the Senator from Penn
0~ylvania agree with the Senator from 1owa
that there should be no judicial review?
MIR. knox do not agree with tbs Sen
otor from Iowa. L agree that the right for
review In the courts exists, but l would limit
Che right to bring these actions by requiring
The applicants to give bond to prevent
frivolous action
After further .colloquy' Mr.. Tillman
took the floor to discuss the bill. lie said
Congress ought to give relief, for the people
would have relief.
Mr.. Spooner.-Do you think this bill will
give the relief!
Mr.. Tilman-1 told you 1 could drive
not only an automobile but a freight train
through 1t.
Mr.. Dolliver-And yet the Senator told
me at the time that he had not read the bill.
Mr.. Tillman-But / knew its paternity
and that made me suspicious OF it..
Speaking further, Mr.: Tillman said he
had introduced q bin. Il brought into this
chamber q poor little baby and the Senator
from Ohio and the Senator from Rhode
Island wanted to adopt it. But / distrusted
hem. They wanted to put their own