The Montgomery advertiser., 1906-03-13
wE4THER FORECAST.
Washington, March I2.-FOr Ala hama, Fair Tuesdays Wednesday rainI light to fresh east winds.

the resolution proved that it had been hurriedly dealt with. He said there should not be discourtesies shown by the President and Senate to each other, but he believed the Senate lad been the more ready offender.
 MT. Spooner thought the resolution defective in that it did not give the commission authority to send for wit nosses and administer oaths in con nection with the new investigation it has been requested to make and which is one in addition to the duties in- posed hy the interstate commerce act.
 would 1t not be a redundancy and idiocy to be given authority 10 send for persons and papers when 1t already has that authority?" asked Mir. Tillman.
 If the Senator had studied law as he should have done" he would not have asked that question retorted MT. Sponer.
 MT. rillman said there were wit nesses. "a thousand or more of them in Pennsylvania and West Virginia who were begging and clamoring for a chance to tell tb> way they were being robbed by the railraads."
 obviously that has nothing to do with the case.'' said Mir. Spooner
 MT. Bacon took the position that the resolution was in the nature of an
 
 the Interstate Commerce Commission, and 1t was necessary to include provis- ion for an appropriation or to give the commission increased powers to send for persons and papers
 CuIberson Speaks on Rates.
 The debate was interrupted at 2 o'clock when the House railroad rate bill was laid before the Senate Messrs Bacon and Elkins announced that they
  other time.
 MT. Culberson was recognized to speak on the railroad rate bill. He read section of his bill to create em- ergency powers for the Interstate Com merce Commission, which he will offer as a substitute for the pending meas ure.
 Discussing the power in Congress to regulate commerce, he argued that general welfare clause, but was con- fined to the specific provision of the constitution relating to commerce.
 On principal and as an original ques- ton Mir. Culberson said that the power to regulate commerce includes the power to fix rates of transportation, because transportation is commerce, and to fix rates is but adopting rules.
 Mir. Foraker took issue with Mfr. Gull person when he declared Congress It. self had construed the commerce clause to give 1t power to fix rates in grant ing federal charter 10 the Union Pacific railway.
 MT Culberson declared that rate making was a legislative and not a judicial function.
 The right of judicial review of an order of the commission already exists and inherits from the constitution said MT. Culberson To incorporate in the pending bili he declared, would be but to recognize a constitutional right but would answer no purpose that had not already been met.
 He opposed the use Of the term fair ly remanerative" in the different bills and also Justly compensatory He said both raised new standard not recognized in common law. He advo- cated instead the term just and req sonable"
 Mir Culberson said that conditions had changed. that competition had been destroyed by merger, combination and traffic arrangement and the interests of the country demand that these railroad corporations restore to the public what justly belongs to 1t. He spoke for two hours, his speech being devoted al- most entirely to legal arguments. Com ments on extracts from court decis- ions quoted were made by Messrs. For awker. Lodge, Hepburn, Fulton and others following Mir. CuInerson's speech.
 The railroad rate bill was then tenn porarily laid aside.
 A bill authorizing the bridging of the Tug fork of the Big Sandy river, West Virginia. was passed. The Sem ate after brief executive session ad- journed until tomorrow.