The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1906-02-15
Strong influence for incorpora-
ton Of "Review by Courts"
Clause.
A SPLIT IN COMMITTEE
Aidrich Firm for Amendment, and
Roosevelt Quoted as Willing to Ae-
cept "One"-Lodse Talks
on Rates.

ate yesterday adopted q joint resolu-
ton reported by Senator Tillman from
the senate committee on interstate
commerce which directs the Interstate
Commerce commission to investigate
the charge of discrimination and com
bination in restraint of trade made
against the railroads. The adoption of
the resolution was preceded by a
speech by Senator Tillman. in which
he practically charged that the admin
istration was not proceeding In good
faith to secure railroad legislation, be-
cause he was not satlSfied with the
presidents advisers. Among these he
mentioned Secretary Root and Senator
Knox, the former Of whom, he said,
was an adviser of the "magnates re-
sponsible for the devilment.' and the
latter of whom had peen for years at
torney for the Pennsylvania Railroad
Senator Knox c~ontradicted
the charge relative to himself, saying
shat he never had been attorney for
the Pennsylvania railroad.
Washington. d. c., Feb. Ex-senator
Aldrich informally presented to the sem
ate interstate committee to-
lay his proposition for amendment OF
the house rate bill now being discussed
in that committee.
He urged a provision be placed in the
bill for review by the courts as TO the
merit and ~reasonableness Of the orders
Of the Interstate Commerce commission.
The republicans of the committee are
hopelessly split IN this proposition. Dol
liver and C1app will not sanction 1t.
President Roosevelt has old callers IN
she last twenty-four hours he faEors the
house bill with one amendment. lie IS
believed to mean the court review fea-
ture which Taft, Lodge, Root and 9TH
ers are urging, and which Aldrlch
pleaded for today in committee. Attor-
ney General Moody alone OF the cabinet
opposes 1t.
Senator Cullom is said to be a very
sick man and will not be here Friday
to vote on the inal report on the bill.
Opponents OF the bill refuse to pair with
him. It looks now as if his vote would
be lost and supporters of the house bill
admitted today it might get a MINOR
ity report from the committee III on
sequence of Cullom's absence. The
democrats in the committee are not yet
entirely satisfied with the house bill,
and are still seeking 10 amend it in
t2riouS particulars.
Rebates the Great Evil.
Washington. Feb. Ex-senator Pat
tcrson resigned as Il member OF the
committee on privileges and elections,
and Senator Frazier was designated to
fill the vacancy
Senator Lodge then addressed the
senate on the railroad rate question. lie
spoke to Clay's resolution on that sub
ject. and was listened to by an audi
ence which filled the galleries.
Mr. Lodge announced his support of
legislation for control OF railroad rates
along lines of the Esch-ToWnsend bill
of last session and said he believed the
practice of giving rebates to be the
most serious of all evils complained of.
He expressed the conviction that only
by legislation along the lines suS-
sested could government ownership be
prevented. He said that before enter
ing upOn investigation of the question
he had disposed of his railroad inter-
ests in order that his inquiry might be
free from bias. He expressed the opin-
ion hat the rate question is second
ouly as an economic problem to the
financial question, and one of the most
important ever before congress.
All were agreed as to what the peO-
ole desired to do, but the differences
arise over the method of proceeding.
He was convinced there are evils to be
remedied in connection with transport
tation by the railway system, but the
problem consisted in finding Il fair n
just mean of dealing with them. He
passed over as an established fact the
right of congress to legislate for the
regulation of railroads. The grievances
against the roads he divide into three
classes as follows:
Rebates or determinations between
persons; excessive rates, discrimination
between lOcaljtlcS.
Prison for Offenders.
Regarding rebates. he said: Rebates
nave been wrong and an injustice to
the people and a serious injury to the
railroads themselves. I don't think it
would De possible to pass legislation
too drastic for the purpose of stopping
these determinations between persons.
We have a law now upon our statute
books which, so far as the prohibition
can go, ought to be sufficient. 1t I'M
doubtedly has largely checked rebates,
but It has not stopped them entirely.
To make a law thoroughly efficient, we
ought to add. in my judgment, three
provisions. We should restore the for
mer penalties Of the interstate COM
merce law. which should not have
been repealed. and make these secret
evasions of published rates punishable
by imprisonment"
In Other Countries.
Lodge reviewed the experience Of
other governments. including most of
the European countries. Canada and
Australia in government control of
rate making. and combatted the idea
tina railroads are owned by few men.
and tf,at they are inimical and indie
pendent of all other interests. He sug-
gestel that power be delegated to the
commission should not go beyond that
of fixing q maximum ate on freight,
and expressed the opinion there should
be ample provision for a review Of the
findings of the commission by the
courts. He concluded:
There seem to be now prophets of a
new dispensation who wish TO depart
from the line marked out by the Dresi-
dent in his message. and accepted i'll
the house bill of last year by removing
50 far as possible from the proposed
law all proper provisions for review by
the courts. This seems to me to strike
1T the very heart of the measure.
Reveres' the Courts.
II am anxious to see this legislation
but / am not yet prepared to substi-
tute for the courts of the United States
an executive commission. Legislation
canno prevent an appeal to the courts
If its alleged rate is conflscatory; but
this is very narrow ground and a very
limited right. A rate may not be alb
solutely contiscatory and yet may De
In the highest degree unjust and unrea-