The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-05-19

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dent had mn ~ ~ up the nfht w arppofi'
lse sbti hal ..a'n tu Ueutrorttr oat'n.
Tsign platform.
The voting sn. isFuN shen W. fllmtn
s,t dosp Tho Iui Ftn now u" rr'urnrI
a. tho ltnitse shirh will alb inr % opnf"s'
sp,n With ne seu,tr On the Senate amend.
0nenis
NJ. Daniel NJ Virginia op"r"d M" d"hn'"
,e.,sv end addressed mo senate IN w"
nnod,ns a~mendmont, which WE nv" motipn
az NJ. Teller 10 strike rut tl" wor'ia M iA
Judgment 49, ppplcl 10 the power con
fe,r.d by tbr fourth section un M" Inter.
stnte miner Jsdnmiasion Ia max" u
inst and rpa-unahlc rate, m ien ~ one I'l
aside aftsr complaint and hearing VT
Daniel contendrd that the power 4l Ial'
making could b. dOlegatci "a ah admini--
tratIye body 80 the Cummis. ION " not 20
exsrciap its Judgment what shall II rN"rci4et
Some men grasp NJ striw.., Rrn"r'iIy my
ere drowning msn, Siid Mr. Ithlel
Mr.. Spouner Discussed the question OF
tho cnn-titutionnlity ~ the hill and m par
ticular ~ the phrase named Tic W"uIh Nu,e
for the Till, notwithstanding th" uh''r-
tainty as TO whether or not congress TO-
aereed power to fix rates, Tor ne heileNeu u
was time tho question was settled. hy the
Suprcme Court. md n never could lc de-
cided until congress enacted a law contain
ing such a provision. lac sliaf"l tho oIl'-
ion Of Nfersrs Bailey aud Knox thar the
phrase "in it, judgment, " II meant any
thing, was dangerous. A..
Mr. Fulton ORcp, Ore thought the
words ough: to remain In the IN as thelr
effect was TO limit court review 10 con-tl-
tutiOnal questions OILY. u "l' W IVY
would preypnt the courts from reVlewlhE tine
EXERCISE Of discretion by the commission,
Mr. Bacon Dem, Ca expressed the
belief. which he had entertained since the,
bill was first reported, that the words wonId
paisa a question as to the Constitutlonalty
~ the act, They were clearly an attempt
TO delegate les islative powers, IN nus opiil-
ion. The effect Of the words in IT'S JUG
ment" gave the commission power 70 sun
stitute It's own Judgment for the Judgment
r ITa vupnlI UptR 10 strike out the
wordg and he deemed IL highly important
that they be left out.
MIR Lodge expressed surprise that some
Senator in debate had suggested that tnere
was an agreement TO keep the words IN
Il know of no such agreement, he asserted
mo a9rrament can bnd me 20 vote Tor
something I don't approve. II TINS on N
passed with these words in and the supreme
Court holds II to he ~consututio .he
peoDle will believe that this measure was a
fraud from the start and that we, the House
md Senate, passed it knowing all the while
that it would fail
Mr.. Teller's amendment to strike out the
words "in its Judgment. was agreed to
so to 2+-as follows:
Yeas Messrs. Aleer, Alice. Ankeny' Bacon
Bailey. Berry, Blackburn, Brandegee, Bulke-
lev. Durham, Carmack. Carter, Clark Mon.).
Clark ,Wyol, Clay. Culberson. DICK,
Dillingham;, Dryden. Flint. Foraker. Foster,
Frazier. Gallinger. Hale. Hansbrough, kean'
Knox, Lodge, McCreary, McCumber' McEnery'
Mallory. Martin, Willard, Morgan. Nixon,
Oyerman. pcnrose, Pettus, Plat. Rayner.
Scott. simmons. Spooner. Stone. Ialialerro'
Teller. Tillman. and Wetmore.
~Messrs. Allison. Beveridge. Burkett.
Clapp. Clarke (Arkl. Crane. Cullon. Daniel,
Dolliver, Elkins. Frye, Fulton. Gearin. Hem
enway, Hopkins. La Toilette. Latimer' Long
McLaurin. Nelson, Newlands' Perkins fhes
and Warner,
INali.tto ~rpNnonI mn anNanH-
ment by way Of n proviso that nothing
in the act should prevent the issuance
of passes or reduced rates. TO officers OF
railroad employees organizations when
they are travelling on On a business ints1d Son t@ Sisa
TO Railway brotherhood officers the right OF
free travel, If the railroads cared to extend
it, when travelling. Adopted. .
The reading of the bill Tor amendment
was completed shortly before 2 o'clock,
and It PASSED to its engrossment and third
MIR. Rayner Dem, Md then addressed
the Senate. He was firmly OF the belief
he said, that the preslde mt % %o1a agatn
versy was ended, and If the House should
put on the conference committee a man
who had the courage of his convictions,
who would not bulge upon the question
of court review, Mr.. Roosevelt would aban-
don the Allison amendment and go back
to the Ions amendment.
The Presidents processes OF reasoning
were 80 chan geable that it was impossible
TO follow him. He resembled, to Mr..
Rayner's mind, an adjusted Kaleidoscope,
whose reflected surfaces frequently ex-
hibited beautiful colors in symmetrical
forms, but after being adjusted and focused
resolved itself into component parts.
Mr.. Rayner's speech was frequently
interrupted. He called Messrs, Knox,
Dolliver and Fulton to their feet in response
to his shafts. He referred to the bill as
the Joint production Of the sages of Helena,
Astoria and Medicine Lodge, referring to
Messrs, Carter, Fulton and Long.
Mr.. Dolliver, replying, declared the bill
a perfect response to the Presidents re-
commendation. The President would not
be condemned for having sought to unite
his party in the Senate. AS evidence Of
the non-partisan character of the bill Mr..
Dolliver called attention TO tho Culberson
and Overman amendments.
Mr.. Teller denied that the bill was "a
partisan mea sure" 1t passed the House
by the vote of all the Democratic members,
the only votes cast against it being Repub-
lican votes. Il want to give the President
credit for uniting his party in favor of the
bill, said he. III IL had not been for the
President we would never have been able
to pass the bill through this Senate. |