Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-04-02
.FORb|Ds SUSPENSION
Mr.. Baocn's Amendment to the
Railway Rate Bill.
DEPOSIT OF A FORFEIT
Mr.. Fulton Urges Provision for Court
Review.
BE URGENT DEFICIENCY BILL
Measure Reported to the Senate by
Mr.. Hale-Wiu Be Called
Up Tomorrow.

When the Senate convened today Mr..
Hale reported the urgent deficiency bill and
gave notice that he would call 1t UP tomor-
row.
Mr.. Tillman presented another of the
series of complaints against railroads. This
one was from John S. Williams & Sons,
bankers, Richmond. Va. and alleged that
Determinations are practiced by the Chesa-
peake and Ohio and Norfolk and Western
roads against Richmond and other eastern
Virginia points In favor OF Baltimore and
Philadelphia. In their letter forwarding
the complaint Messrs. Williams Sons say
that 1t is a matter of common knowledge
that President Stevens of the Chesapeake
and Ohio and President Johnson of the
Norfolk and Western receive instructions
from the president of the Pennsylvania
Railroad Company from directors of the
Pennsylvania Railroad Company, who are
also directors of the other two roads.
A bill fixing regular terms of the circuit
and district courts in the northern district
of Alabama was passed
A joint resolution was passed reappoint-
ing Andrew d. White as a member of the
board of regents of the Smithsonian Insti-
tuition.
The Mallory bill. to further enlarge the
powers and authority of the public health
and marine hospital service, known as the
ra tional quarantine bill, was passed.
Mr.. Baccn's Proposed Amendment.
Mr. Tillman called up the House railroad
rate BILL and Mr. Bacon had read a pro-
posed amendment, which would prohibit
the setting aside suspension of 81 rate
fixed by the commission by an interlocutory
or preliminary decree of court, unless
after a hearing the order of the commits
sion Is considered and concurred in and or
dered by at least two judges presiding at
such hearing, at least one of whom Shall
be a judge of the circuit court Of the
United States or circuit justice of the
Supreme Court of the United States.
Whenever rate Is set aside by an inter-
locutory decree, the amendment requires
the carrier to deposit In the registry of the
court and subject to the order thereof the
sum of $4,000. 1t requires also the pay
ment to the court such sums of money as
are collected by the carrier in excess of the
rate fixed by the commission and filing of a
statement of the names of persons by whom
such sums were paid. If upon final decree
the commission rate is judged valid the
sums are to be paid to the shippers from
whom the excess has been collected. II
held to be invalid the sums impounded are
to be paid to the carriers.
Urges Court-Review Provision.
Mr. Fulton then addressed the Senate.
and. in a legal argument, opposed the House
bill without a court review feature
He declared. however that the right OF
review is in the bill
Mr.. Spooner asked Mr.. Fulton If he
thought the. interstate commerce commits
sion could be sued and the Oregon senator
contended that 1t could, even without any
specific authority being given by the bill.
The principal point he desired to make in
his speech. said Mr.. Fulton, was that it Is
not necessary to the validity of the bill
that 1t contain a specific provision for d
court review.
Discussing the right of the commission
to fix rates, Mr. Fulton said In reply to a
question by Mr.. Aldrich that If the COM
missions rate was extortionate there was
no means in the bill for the shipper to find
relief. Mr. Aldrich said he would not give
his support to the bill unless equal rights
were given the shipper and the railroad.
Mr.. Fulton said. however, that was not
the heart of the controversy and that the
shipper has no fear that the commission
will raise rates above the present rates
fixed by the railroads.
Mr.. Barnes Successor.
During Mr.. Fulton's speech a message
from the President was presented to the
Senate by Mr. Forster, instead of Benjamin
F. Barnes, as assistant secretary TO the
President.