The Montgomery advertiser., 1906-03-15

l Knox's question, saying that he would | be willing to vote for the bill in order to get the question before the courts l even though not satisfied on the point | of the constitutiona1ity. And in re- | sponse to a question from Mir Knox as | to whether 1t would not be a higher duty to make the bin constitutional, said that he had In contemplation an amendment covering the point. Con- | tinuing, he expressed confidence that 1 the friends of the bill were not far apart on the question of the necessity | for a review provision, saying that he 1 had hope that even Mir. Deliver might be brought to see that such provision was necessary.
 NAT. Deliver Explains. This statement brought the Iowa Senator to his feet with the declara- | tion that he had never objected to a l provision in the direction indicated. He added the opinion that the United States | circuit courts have Jurisdiction in com merce cases but said his objection was to the enlargement of It's Jurisdiction | so as to constitute of them court of appeals for the interstate commerce commission. He added that he was not pleased with what he considered Mr Rayner's criticism of the Senate Committee on interstate commerce He | declared that the Maryland Senator l had charged the committee with per- petrating a fraud; that in view of | these facts he thought his argument | had not tended to strengthen the cause and that the friends of the bill could get on without his help.
 Mir. Rayner emphatically disavowed any intention of reflecting on the com | mittee.
 | Mir. Deliver then said that he would not make especial objection to a pro- vision against the suspension of the l orders of the interstate commerce com mission If such a provision should be sustained He expressed his willing ness to accept an amendment like that suggested by MT. Bailey if It could be l enforced.
 Mir. Rayner replied that he had been l expressing Mir Bailey's views and he declared that the Democratic Senators | had held a conference and had decid- | ed that they would now accept the l suspension provision of the bill. Mr. Aidrich questioned Mir Rayner l as to his willingness to accept an | amendment giving the carrier the same | protection that is given to shippers | and the latter replied he would favor a provision that would give the courts 1 jurisdiction in all cases involving the charge of unjust compensation and was willing to afford relief where rates were made too high.
 l cThen." responded Mir. A1drich. I've are practically in accord"
 MT Rayner outlined the proposed Democratic amendments to the bill, say ing that they would do away with the suspension so as to give the courts the right to try the question of just i recommendation. If these provisions could be accepted, he said the bill could be passed today.
 Mr Aidrfch replied that he was not 1 prepared to say that he would agree to the suspension provision and MT. Rayner declared that this was the real question at issue.
 1 Replying further. MT. Aldrich said that he did not want endless litiga- ton.
 MT. Knox thought that sixty days would be sufficient to take any one of these cases through the courts. while Mir. Rayner believed that not less time than eighteen months would be neces- sary for the process while Mir Tillman called attention to the fact that there were oil cases in the federal courts in Pennsylvania which have been pending for seventeen years.
 MT. Knox stated in reply to Mir. Till man that he had recently received from the Pittsburg judge berore whom these cases were brought a statement com plaining of the criticisms in the Senate of his course. The Judge had stated, said Mir. Knox, that the complainants had made no move in the eases for two years.
 Naturally they would get tired after trying for fifteen years.' responded MT. Tillman.
 Lodge and FOraker Except.
 Both MT. Lodge and Foraker took exception to some remarks of Mir. Ray ner, the former to his advice to the railroad officials to amend the bill and MT. Foraker to a reference to him and to Mir. Aldrich as being pleased over the good fortune of the railroads. Mir, Rayner declared that he had no pur- pose of intimating that either MT. Lodge or MT. Foraker could be influen- ced by the railroads or any one else to swerve from their sense of duty as senators. But, he said. he did believe that if the railroad interests would agree to do so, they could have the suspension provision taken out of the bill.
 Do you believe they put it in?'' de- manded Mir. Lodge. ana the Maryland senator replied that he entertained no | such view.
 Disseminating his questioning of Mir Rayner, Mir. Lodge said that he did not regard the question as one between the railroads and anybody. Tt is a | question of great public import" he 1 said, "a question which affects all the people. It is for us to act upon our own responsibility; no one has any
 thing to say at this stage of the pro- ceedlngs except the Senate itself"
 M. Foraker then spoke on the mer- it's of the House bill. expressing the opinion that it Is not worth the paper it is written on; that 1t Is unconsti-
 tutional on half dozen grounds, and l that if not unconstitutional 1t would not afford relief to the shippers. Would Paralyze Measure. Mir. Tillman contended that any effort to suspend the orders of the Commis- sion by a court should be opposed be- cause such a suspension would effect the paralysis of the entire measure and prevent the relief which the peo-
 pie are det rmined to have.
 MT. AldrA b declared that Mir. Till
 man had bA ome so enamored of the House bill tn he had deserted his own measures, a1 this accusation Mir. Till
 man vehemS itly denied. He predicted
 that if thef present Congress does not settle the fAestion the people will next
 time elect one that will.
 MT Deliver outlined his attitude on
 the question of suspension, expressing
 the opinion that the powers of 8 court
 of equity cannot he abridged. A pro- vision like MT. Bailey's would be agree
 able to him if it could be sustained by
 the courts. Mir. Tillman said that with
 some amendman added the Demo
 cratic Senators wou be found to he
 as zeaIous in support of the bill as any
 of the Republicans.
 After further discussion MT Cullom
 remarked that This thing had gone
 about far enough and at 5:10 D. m
 a,acutfVa spggiOu Tho nno-