The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-04-13
RATE DEBATE NEARLY ENDED.
SENATE MAY FIX A DATE FOR A
VOTE NEXT WEEK.
Majority Secured for q Liberal Court
Review Provision-SenatOr Foraker
Attacks the Pending Hill and Says That
II Is Not Satisfactory 10 Anybody.

WASHINGTON, April 12.-Next week is
ornected to bring the beginning OF the end
=, the rate bill discussion. Senators are
growing tired OF the debate and the domi-
nant side at least is practically ready to
,,t ;ts strength to the test. The conserva-
tive Republicans, who apparently control
enough votes to amend the pending measure
"a thew desire, will bring in a liberal court
raviev provision within the next ten days
unless The radical element Of their party
in the Senate are willing to recognize that
,inited review cannot be secured and will
.Aek n practical solution of the Legislative
nroblem by arranging a compromise with
the conservatives.
From what was said to-day It Is regarded
nc to some extent probable that by the end
OF next week those who favor giving the
courts the broadcast reviewing authority
over rate fixing orders of the Interstate
Commission will be ready to
agree with Senator Tillman, who has charge
~ the rate bill. upon a date on which
"a vote shall be taken. They are satisfied
thai, they nave enough votes now to Sc
o,re the adoption Of a liberal review
amendment, but are hopeful that their
strenpth will be augmented and desire to
wait until this hope is realized. Their claim
that thirty-nine or forty Republican sena-
tors are for broad judicial review has not
baen withdrawn and they continue to as
cart also that more than the necessary
number Of Democratic votes to give the
required forty-fve, making a majority OF
the Senate are assured.
Before a date for taking a vote is fixed
Senators Spooner and Knox will address
the Senate in response to the contention OF
Senator Bailey in his speech on Tuesday
that they misinterpreted the opinions OF
the Federal judiciary in respect to the au-
tbority Of Congress to restrict the power Of
inferior courts to issue injunctions. MIR.
snooner may speak tomorrow. When he
and Mr.. Knox have been heard the con-
servatives will practically have closed
their case and will then be ready to talk
about taking a vote. An agreement upon
q voting date is likely to come suddenly,
and when it is fixed it may be accepted as
certain that the conservatives are con-
fdent Of success. .
The seeming willingness on the part OF
limited review Republicans to amend the
amendment offered by Senator Long.
which gave rise to the understanding that
the differences among the Republicans
over the rate bill had been adjusted, is
not now in evidence. Those who favor
the Long amendment have not shown any
disposition within the past day or two to
offer to modify 1t go that the courts shall
have the broadcast authority to review the
commissions rate orders. But, as indicated
in Washington dispatches to The SUN
the conservatives will lot wait for any
great length Of time to receive overtures
from the radicals, and 1t is now probable
that they will make their first move toward
bringing the controversy to a close by
Offering an amendment OF their own nex'
week and agreeing to fix a date for voting.
The Senate was occupied most OF the day
with another interesting colloquial debate
on the railroad rate question At the close
Of the morning business Mr.. Latlmer o.
South Carolina addressed the Senate briefly
In support Of the Hepburn bill, after which
Mr.. Foraker of Ohio took the floor and FOL
over three hours attacked the bill, pointing
out alleged unconstitutional features.
Mr.. Foraker said he doubted'n the Hep
Uurn Dill was eHIEely bdIh7iuSNoiy w MY
body. Every Senator who had spoken
had pointed out an objection to the bill
Mr.. Foraker enumerated a number o
serious objections, any one OF which nigh
render it unconstitutional.
First-The bill raised a serious question
as to whether Congress had not by its pro
visions delegated legislative powers to th'
Interstate Commerce Commission.
SaoopJ U-batbar tho hill did not Qlyl
the commission jurisdiction over pas
diferentials.
Thtrd-As to the right Of Congress Il
establish through routes, requiring tn
consent and cooperation Of distinct corpora
tons.
Fourth-The imposition Of the penalties
provided in the bill.
Fifth-The elimination Of the jury trial.
in the matter Of awards.
Sixth-The power OF visitation provided
in the bill and the right to direct the book
keeping methods Of the corporations.
These were State corporations, subjeo
to State laws and doing an interstate a
well as State business, and Mr.. Forake
expressed doubt whether the Interstat
Commission could go further In such ma
tiers than to require Information for sta
tistical purposes. He proposed an amend
ment he had previously introduced to tn
Elkins Rebate law. He said he believes
that if slightly amended the Elkins la
against rebates afforded a complete remed
for existing evils. He quoted the test
mony of Gov. Cummins Of Iowa and othe
witnesses before the Senate committee lat
summer in which they claimed that rebate
we're disappearing since the passage Of tn
Ekins law.
Mr.. Aldrich expressed a curiosity {
know the meaning of the term ~"unjustl
discriminatory" as employed in the HeI
burn bill. Would it arise, for example,
case where complaint was made that
higher rate was Aeing charged betwee
New York and Chicago by the New Yor
Central than was being charged over II
pennsylvania between the same points?
Mr., Deliver replied that unjust discrim
nations could arise only upon one line {
continuation Of lines. The bill gave IL
Commission no jurisdiction over case
arising between different lines. He b.
heved that competition would correct di
81 elimination h, J;Horant linao hot ypaap ~