The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-05-18
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nseyes Commission ~ rfesefitr Nhet ehi
IN Nv Judgment 10 . ltwi and feasuHahl.
rata srns'of DnlHsn AID \" hsd hrsrt
SasasHatlansl lawyers asy that ihea~ sp"t"d
wofts wauti feu,ter To- hll Unconstitutional
Ne vas siilina hat The words should ~.
main In the m~aatre " iheV did not rendet
lta oonatHutlonalFy voti, he ssth, but he
santatI them eliminated II there w. any
doubt on the subject Then W. Tlltnnh
sserveI nuslce ~ YOU Republicans ina, he
vuuld NOT h. fesrnnsible Tor retaining the
words II tho Supreme Court decided that
they MAIDS the msnaure unconstitutional
t'nder tho Allison compfomige N" words
in ita Judgment we're ~ h" fe,ained
and Mr.. Tillman'a suERrations caused
considerahls worry among his party OPP
ponenta. Much talk did not bring any
conclusion, and when tho senate adjourned
fears wsrp expressed that the compounds.
or part Of Il, would 60 by the board.
senator Allison expressed tho belief
that the words should remain. He Thought
they conferred n discretion on the COM
.mlsaion and limited the oourt review He
aald he believed the words would not render
tho bill Unconstitutional
For The tine being the matter vas
PASSED, but Senator Teller revived II later.
He said he had never heard any satis-
factory reason gives why the words were
In the bill. we have constitutional lawyers
land oornAeld lawyers here Mr.. Teller
remarked. asnd I want somebody TO tell
mo why theso words in its judgment
should be In this BILL" To bring the matter
properly before the senate MIR Tsller moved
70 strike them out.
Then Mr.. Teller turned to Senator Dolliver
of Iowa, who had come to his feet. and re-
ouested him to explain. Mr.. Dolliver
devoted fifteen minutes TO pointing out
the usefulness OF the words and referred
70 the fact that so able a constitutional
LAWYER as Senator Knox OF Pennsylvania
had applied and commended them 10 his
Pittsburg speech and in a bill he a intro
duced in the senate. Mr.. Dolliver also
quoted Acknowledgement Moody as APPROX
Mr.. Delivers remarks seemed to open the
hoodgates Of a constitutional, argument.
All the spirit OF the great legal debate OF the
last few months seemed to have reap
peared. nu.
declaration that the words were useless and
probably would render the bill Lunoonstitu;
tional if allowed TO remain. He had used
them In his Pittsburg speech without due
consideration Of their true import, and they
were put into his bill for reasons. which be
explained, that did not commit. him in any
way. Mr.. Knox expressed the opinion
thai these words probably meant q delega-
ton of legislative power TO the Interstate
Commerce Commission, and would, there
fore, make the bill unconstitutional. he
served notice on the Senate That while ne
did not believe the words affected the scope
Of the court review in any way, he would not
consent to be held responsible II the Sur
preme Court declared the section OF the bill
unconstitutional because of their presence.
He believed they ought to come out,
MIR. Knox's warning set the Senate by the
ears, but when Senator'S Bailey and Foraker
followed, ~denouncing the words as uncon-
etitutional, the senate became greatly
worked up Mr.. Foraker went further than
Mr.. Bailey.
$40 leave these words in the bill said
he, sis to write across it's face when u is
completed this bill Is Unconstitutional. :
MIR, Foraker declared that il was a clear
delegation Of legislative power: You can
no more make a silk purse out OF q SOW 9
ear to-day than you could WI %h ST., o CIV wo sor
Senator Clapp of Minnesota and Senator
Hale Of Maine expressed the opinion mat
the question raised was one Of the pro-
foundest Importance. They therefore sug-
s s. ,S;nt ar 7, s s1sp. nnG %ss to tRS sraa, sna ssn sstsd
looked az if the last stand Of the oonsti,
t~utional lawyers. against the. Hepburn Dill
would prove sneeessful ana me tbe S;I
Prior to the debate on this question the
Senate had made some progress with the
bill. So satisfactory was this progress that
et one time there was a prevalent belief
that adjournment would see the measure
Mr.. Beveridgc proposed to strile out OF
the clause Of the bill making pipe lines
common carriers the words except natural
or a a['ifi Snl, sas'' oD,ossa The amendmen
recause as worded it made common car :
Tiers Of pipe lines Owned by individuals or
corporations for conveying their own
products. He said that II the qualifying
words transporting for the ubho" were
# Iut luUO tHc III 1NVJ "SSF
objection.
Mr.. Lodge insisted that the words .trans.
= porting for the public should not be put
into the bill, IF you put In those words,
eaid Mr.. Lodge, "yot> eSempt the Standard
OH Company from It's operations MIR
Lodge said that the object Of his amend
ment was to bring the Standard within the
reach Of the law. -,
MI. Cub erson Of Texas agreed with
Mr.. Foraker that the clauee relating to
rlpe lines taken in connection with another
lection Of The bill, which provided that
\ litter 1905 no carrier should be permitted
TO carry any commodity owned by it eS-
cept for use in its business as a common
carrier, would drive the oil pire lines out
of business entirely. He described the
rituation in the Texas field, where the pro-
ducers ueed pipe lines to convey, their oil
TO the Gulf for shipment. Under the Lodge
amendment these pire lines would be
classed as common carriers, for their car
IyiDg was interstate:
Ire Senate voted down the proposed
amendment, and the original amendment
affecting pipe lines remained as the COM
mittee Of the whole left II.
The Senate then took up the coal road
amendment, and Mr.. La, Follette succeeded
in inserting an amendment applying q
penalty for violations Of the Elkins amend
ment requiring RAILROADS. on application
Of shippers to afford switches, terminals,