Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1906-03-26
'HEPBURNRATE
BILL NOW IN
. COLDSTORAGE
Victor MuPd0Ck Of Kansas
Sizes Up Situation.
SENATORIAL GABFEST GIVES
PEOPLE A COLD CHILL
Side Lights on By-PIay Which En-
Iivens the MonotOny Of Congress
Daily Grind--0ne on Uncle Joe,
The Morning Journal Bureau,

washington, ID. c., Mar 22.
"At present the Hepburn rate bill
is in cold storage, undergoing the
process of senatorial refrigeration,
declared Congressman Victor Muir
dock. of Kansas, today.
Perhaps no more remarkable stage
of legal analysis has ever been reach
ed by a legislative body" he contin.
ued, than that which now halts the
bill in the senate. The house expos ID
a wrong and outlined a remedy. But
when the theater of action moved to
the senate, the scenery changed to an
Arctic setting, Senator Foraker arrang-
ing the ammonia pipes in a masterful
speech on the constitutional side OF
the problem, and the contest has been
waged since around the constitution.
''The great public agitation for
rate-remedy is shivering before the
blasts of that constitutional debate.
The populace, which the house was
wont to fire by instancing rate out
RACES, is slowly freezing up under the
daily senatorial moot as to whether
congress has equal power over equity
jurisdiction of courts and their juris-
diction in the matter of law.
Acting upon the public demand as
formulated by the president, the house
passed the bill early in February after
eight days debate. The senate has
held forth since, directing attention
virtually to two points only First TO
what extent in the bill shall judicial
review be provided? Second-After
the carrier has sought relief in the
courts against an order of the conf
mission, shall the commissions order
be suspended?
V.,Is tuI
"As to the first. the debates indi-
cate that the senate will add an
amendment to the Hepburn bill, pro-
vidng explicitly for judicial review,
not alone as to the confiscatory extent
of the rate fixed by the commission,
but also as to the unreasonableness
of the compensation which the COM
missions order might impose. The
greater the latitude the senate per
mits here, the more all rate litigation
will tend for final adjudication to the
courts, a consummation devouty
wished by the railroads. The intention
of the house was to permit re-
course to courts on the single point
of the challenged lawfulness of the
rate.
"As to the second point the suspen-
sion of the commissions rate. the
senate, as indicated by its debates,
will provide that the railroad, which
has sought relief in the courts, shall
deposit daily in court pending ad-
judication the difference between the
existing rate and the rate fixed by the
commission, this difference to be paid
to the shipper If the railroads should
lose their case in the courts.
'If the senate's contention Is right
and the bill as the senate amends IL,
becomes q law and proves effective,
no doubt the senate will be showered
with manifestations of popular affec-
ton
'If the senate, by these provisions
should emasculate the bill and that
emasculation is demonstrated by act
ual practice, popular indignation
which has risen and subsidized upon
this question alternately for thirty
years, will no longer respond to pat
liatives. The senate, however, expects
manifestations of popular affection