The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-03-15

the country as the cherished scheme of
the president, with whose general policy
and principles that member is not in
accord. At the same time the bill is
designed to carry into effect his own
long cherished convictions and thrice re-
fterated demands Of the party to which
he belongs
Emphasizing the claim that this con-
tive history, Mr.. Tillman says 1t brings
into prominence the fact that the pro-
posed legislation is nonpartisan and for
this reason he urged that Democrats
and Republicans alike should bend all
their energies and lend all that is best
in them to perfecting and passing SO i'm
portant a piece of legislation.
Issues Il Warning
He declared that woe viii be the
harvest" Of any member of the senate
or house whose work in formulating a
bill to regulate railroads lacks earnest
ness or honesty OF purpose and who
shall seek to belittle the question or kill
the bill by subterfuge and deception.
The bill as 1t came from the house,
Mr. Tillman characterized as loosely
worded and capable Of different inter
pretations. In thus. commenting upon
the bill, Mr.. Tillman said he can claim
to give expression to no opinion except
his own. The object sought, he added,
best can be outlined in the language of
the president IN his last annual message
to congress- and from this the senator
quoted extensively
After enumeratfag the essential
changes from the existing laws reguiat-
ing interstate commerce, he stated that
the most important is found in section
Is. in which power is sought to be vest
ed in the interstate commerce commits
sion after full hearing upon a COM
plant made to determine and prescribe
what viii in its judgment to be just
and reasona BILE and fairly remunera-
tive rate To be thereafter
observed in such cases as the maximum
to be charged, and ''to make an order
that the same shall go into effect and
remain in force for three years, which
order shall go into effect thirty days
after notice to the carrier and shall re-
main in force and be observed by the
carrier. unless the same shall be sus-
pended or modified or set aside by the
commission, or be suspended or set aside
by a court Of competent jurisdiction"
The First Provision.
Concerning this section, Mr.. Tihman
said:
Around the first provision the most
earnest and exciting contention has
arisen and there is great difference of
opinion as to the scope Of this clause
and the executive powers of the COM
mission under 1t. Whatever may be
the results of this discussion in the sem
ate If the bill becomes a law the final
determination of the question at issue
must be made by the supreme court.
There IS even greater solicitude upon the
question of judicial review"
Friends of the railroads contend,
urged Mr.. Tillman, that congress can
not limit the jurisdiction Of the circuit
courts while on the other hand, he
added, cit IS asserted with equal
emphasis that the power to create all
courts, other than the supreme court.
rests alone in congress, and that such
courts being statutory are necessarily
limited In their scope and power by the
authority which creates them"
He continued: sI myself incline most
confidently to this view and have not
the slightest doubt that it is possible
properly to amend this bill so as to
prohibit the circuit courts from inter-