Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-03-21
The Bailey Amendments.

The Bailey Amendments.
The first of Mr.. Bailey's amendments IS
as follows:
"A rate or charge which shall afford a
Just compensation to the carrier, or car
riers, for the service or services TO be per-
formed; and regulation or practice which
shall be just and reasonable The rate or
eharge, regulation or practice determin-
ed and prescribed shall be the only lawful
rate or charge, regulation or practice ana
the carrier or carriers shall not therca fter
demand or collect any other rate or charge
or follow any other regulation or practice
The other amendment provides: ANY
carrier, or person, or corporation, party to
such complaint and dissa tisfied with the
rate charge regulation or practice so
established and prescribed, may file a bill
against the commission in any circuit court
of the United States for the district in
which any portion of the line of the carrier
or carriers may be located alleging that
such rate or charge VIII not afford a Just
compensation for the service services 10
be performed, or that the regulation or
practice is unjust and unreasonable; and II
upon the hearing the court shall find that
such rate charge will not afford just
compensation for the service services to,
be performed, that the regulation or
practice is unjust and unreasonable. IT shall
enjoin the enforcement of the same: pro-
vided, however that no rate or charge, reg
ulation or practice prescribed by the com
mission shall be set aside or suspended by
any preliminary or interlocutory decree or
OrOer of the court.
'.Said proceedings shall have precedence
over all other cases on the docket OF dif-
ferent character and the court shall have
power TO make orders to secure the attend
ance of persons from any part OF the nlted
States and the existing laws relative TO eVi-
dence and proceedings under the acts 10
regulate commerce shall be applicable
Either party to said proceeding shall have
the right to appeal directly to the Supreme
Court of the United States, and such appeal
ma N nreppdenPp
over all other cases of a different character
pending therein.
MI Delivers Disavowal.
Replying to Mr.. Bailey, Mr.. Dollver dis
avowed any intention TO reveal the secrets
of the Senate saying that the Texas SEN
ator's amendment had been much talked
about in and out of the Senate that he did
not know that it was a confidential matter.
Discussing the merits of the provision. he
expressed the opinion that it was imprae-
ticable, and he added that II was impossible
for any maker of rates TO determine In ad-
vance whether a given rate was reasonably
compensatory. He would admit that the
language of the Constitution was persuasive,
but he believed that all would admit the i'm
possibility of making it applicable to a given
case.
He did not believe It was necessary that
every railroad rate should be remunera-
tive. but that the object TO be sought was
the preservation of the integrity of an en-
tire road. he paid nigh tribute to MI.
Bailey's ability and begged him not to sad
de the commission with a duty impossible
of performance. He would not have him
ask the commission to solve problems In
capable of solution
So far, Mr.. Dolliyer said, no proposition
had been presented here that could not be
defended, but there is proposition hover
ing here that cannot be defended. That
proposition is to create a great commission
with large body OF able men and then
have all the problems before the commits
sion taken to the United States circuit
courts for readjustment." Advocates of
such a provision should in his opinion join
with Mr.. Foraker in his efforts TO have the
interstate commerce commission entirely
dispensed with in the regulation of railroad
rates.
Mr. Bailey would not admit that the ques-
ton of railroad rates was an unsolvable
problem. He contended that 1t was possible
for the roads to be managed as 10 afford
just compensation and at the same time
be so conducted as not to deal unjustIy
with their patrons. Nor did he consider Il
impossible for d commission to arrive at
just, reasonable and remuneratiye rates.
Mr.. Knox Interrupted Mr.. Bailey to ask
him to deal with Mr.. Delivers criticism
Of senator's who desire to introduce a court
review provision. and in doing so called
attention to the fact that the House bill
recognizes the right of the courts to mod
ffy the DEGREES Of the commission
Mr.. Knox added the suggestion that the
House bill and the position OF senators
who would amend 1t are equally misunder-