New-York tribune., 1906-03-15
FAVOR COURT REVIEW.
n 1TE DEBATE IN SENATE.
s,btude of Democratic Leaders
Stated bg Mn Ragner.
IFrom The tribune Bureau. }

NI0itu w @I ~ huQHtT.
Prom The Tribune Bureau
lexington. March 1.-THE attitude OF the
-.ocratic leaders toward the Railroad Rate
-, vrss clearly set forth this afternoon in a
..b by Senator Rayner. Of Maryland who
FOR Senator Bailey and the majority OF
-. n.u1ocrsts. Senators Knox, Aldrich. For
-, Ravner. Dolliver, Lodge and Tillman en-
So IN q cross fire Of debate which covered
80 the entire range OF the rate question
s.rstor Rayner set the pace for the Demo-
II He declared that he desired an amend
= which would give a court OF review the
-, 10 determine whether the rate fixed by the
state Commerce Commission afforded just
---,n.nsaclon 10 the carrier, and insisted that
:. nemocrats would never consent TO a pro-
',s,on suspending the rate fixed by the commits
- while the case was in the court of review.
:. said II was impossible TO base the review
=, ouestion OF whether the rate was confisca-
- ana pointed out that in the last ten years
.s,-s have been three thousand million freight
.-,nssctions, saying it would be impossible for
- oourt 10 determine the question OF con-
s,.,,,on. Senator Rayner said he hoped an
..nsraent such as he outlined would be adopt
"a tut even II it were not. he would still vote
-. .bs hill though he believed without the
- amendment IL would be unconstitutional.
s,e.o- Knox interrupted with the question
4..be- Senator Rayner would vote for the
IN ,bough believing It might be unconstitu-
honsl
.r,ssore the Senator takes his seat said Mr.
,.vnsr u viii ask the Senator does he agree
,4th NE that this bill is unconstitutional in
,,n,nr 10 provide for a court?"
CONSTITUTIONAL. SAYS Mr.. KNOX
avithout the slightest doubt" replied Senator
KnOI.
81 have over and over again in legislative
toslss voted for bills thought were unconsti-
,rsonaL in order 10 give the courts the right to
~ the question" said Senator Rayner. IF
VOTE against the bill because think II is uncon-
s.ftutionaI and the bill does pass, the courts
so not have any right TO try II, and my judg-
-,srt determines the matter. If the bill is un-
Constitutional the courts can decide II TO be IN
ooustitutionsI and have done my duty IN CIV
ng the courts the right 10 try the question. On
m important measure OF this sort. with nothing
els. before US. Oh the passage OF the Hepburn
br OF nothing at al, would take the Hepburn
blH with all its inhrmities."
Senator Dolliver took issue with Senator Ray
nsr he said. however. that he had never op-
posed the review principle but had objected 70
framing Il 20 enlarge the Circuit Court
ant make that tribunal practically an appellate
division. he accused Senator Rayner OF en-
bsrrsssiIg the case for those who favored the
passage ot the Hepburn bill.
Senator Aldrich advocated any provision
which gives both shipper and carrier the right
&c 60 before a court and try the question OF rea-
t'nable or unreasonable compensation. He was
nO disposed however, 10 90 with Senator Ray
- ~
Nr Rayner engaged IN a controversy with
NJ Dolliver over the rights Of parties 10 any
use arising under the bin TO go into the United
Ezes courts. He contended that no such priv
lsge was granted. and that none existed unless
As much $1,000 was involved, while Mr Dol
liver urged the Jurisdiction OF the Circuit courts
Ar. Rsyner suggested that some railroad law.
yer had been instrumental IN framing some
parts OF the BIZ, and Mr.. Foraker asked what
lawyer be had IN mind
Not you" replied Mr. Rayner He added
that the suggestion had applied 70 the pro-
VISION for the suspension OF the findings Of the
Interstate Commerce Commission
RAILROAD LAWYERS ENGAGED?
Nr. Foraker asked II reference had. been roada
to Mr DoAiver. and Mr Rayner replied in the
negative. adding that he had the names Of the
lawyers and could give them.
Il Is the first time" said Mr.. Foraker, that
ever heard that there had been railroad lawyer
engaged IN the preparation OF the BILL but I had
suspected 4 au the time"
4F. Eayner replied that the use Of the word
suspension" in the bill was sufficient evidence
O. their activity, ana he declared that If il was
remain ne would not support the bill
AZ Do4Lyer declared that no outside attorney
tAoepi the Attorney General had been consulted
4 ne preparation Of the bill. There is not
-he IN the bill that cannot be defended" he
ee-arec and Dir. Rsyner said he had not meant
reflect on the committee that reported the
bill
40 co-oquy with Mr.. Fulton concerning the
-'s"l ol injunction, III. Rayner said almost any
0O-y could get al Injunction. 4 have no doubt" q"
* declared that sou could get an injunction 10
I's'eA' lle Senator from Ohio from running for
'F presidency Of the United States" He ex-
pressed confidence that the friends of the bill
we're hot Tar apart the question of the neces-
'9 Tor a review provision. adding that he