Omaha daily bee., 1906-03-13
RATE BILL DEBATE RESUMED
Mr.. OulbersOn Speaks on Powers of Congress
to Regulate Commerce.
ELKINs AND BACON ANNOUNCE SPEECHES
Sharp Difference of Opinion Over
Presidents Message Relating to
TiIIman-GiIIespie ResO-
luton.

WASHINGTON, March 12.--There was a
sharp division of opinion in the senate to-
day over the question whether the Tillman-
Gillespie resolution instructing the Inter-
state Commerce commission to inquire into
the railroad holdings of coal and oil lands
is of character justifying the presidents
message regarding it. Senator Tillman
complained that the president had charged
the congress with insincerity, pretense and
ignorance, and Senators Lodge and
Spooner took the position that the charge
of ignorance was warranted.
The debate was spirited. but was inter
rupted at o'clock when the railroad rate
bill was called up and Senator Culberson
made two-hours legal argument, in
which he supported a bill of his own which
he has introduced as a substitute for the
pending house bill.
Senators Elkins and Bacon announced
that they would discuss the resolution and
message later and predicted that several
others would do the same.
Mr.. Culberson began his speech on the
rate bill at o'clock He read a section OF
his bill to create emergency powers for
the Interstate Commerce commission which
he will offer as a substitute for the pending
measure.
Mr.. Foraker took issue with Mr.. Culber-
son when he declared congress itself had
construed the commerce clause to give II
power to fix rates in granting a federal
| charter to the Union Pacific railway. In
| that act 1t reserved this power and it acted
under the commerce clause in that 1eglsla-
| ton.
This Mr. Foraker contended should not
be so held. Congress was acting under its
authority to establish post roads and pro-
| vide for the national defense rather than
under the commerce CLAUSE and in fixing
rates was exercising proprietary power.
Mr.. Culberson argued that congress could
exercise no other than its legislative
power
Mr.. Knox called attention to the fast
that states recognized this power in for
bearing to fix any rates outside their bor-
ders. for which point Mr.. Culberson ex-
pressed his thanks. Later Mr.. Culberson
declared that rate making was legisla
| tive and not judicial function.
The right of judicial review of an order
of the commission already exists and IN
heres from the constitution, said Mr.. Gull
berson. To incorporate it in the pending
bill, he declared would be but to recognize
constitutional right. but would answer
| no purpose that had not already been met
He opposed the use of the term fairly
/ remunerative" in the different bills and
'also Justly compensatory and said both
raised a new standard not recognized In
common law He advocated instead, tn
term Just and reasonable" Mr. Culber-
son said that conditions had changed; that
competition had been destroyed by merger
combination and traffic arrangements, and
The interests OF the country demand that
these railroad corporations restore to this
public what justly belongs TO it,
He spoke for two hours, his speech being
devoted almost entirely 10 legal arguments
The railroad rate bill was then temporarily
laid aside.
Bills were passed follows;
Increasing TO $4,000 the annual appropria.
ton for agricultural experiment stations.
Extending the public land laws to Ger,
tain lands in Wyoming.
For the relief of settlers upon the aban
doned Fort Rice military reservation u
North Dakota.
At 4:B the senate went into executiv,
session, and at sos p. m. adjourned