Omaha daily bee., 1906-04-03
LONG SUBMITS AMENDMENT
Proposed Change in Hepburn Bill Sub
mitted to the Senate,
PRINCIPAL SPEECH IS BY Mr.. FULTON

PRINCIPAL SPEECH is BY Mr.. FULTON
Oregon Senator Makes a Legal ArEu-
ment Bearing on the COnstitu-
tiOnaI QuestiOns Involved
in Review Provision.
WASHINGTON, April 2.-The amendment
to the house rate bill agreed to at the
White House Saturday by friends of the
bill providing for a limited review of
orders of the Interstate Commerce COM
mission was offered in the senate today
by Mr. Long of Kansas. but he was not
able to get the floor to make his speech
on the bill The principal speech today
was made by Mr.. Fulton Of oregon, who
spoke in favor Of the bill II was a legal
argument bearing on the constitutional
questions, and interruptions were SO fire.
duent that the speech amounted to a de-
bate on law points where the speaker di-
vided time with majority OF the lawyers
of the senate. Mr.. Nelson of Minnesota
and Mr.. Hepburn Of Idaho made brief
speeches in favor Of the bill.
When the senate convened today Mr..
Hale reported the urgent deficiency bill
and gave notice that he would call it up
! tomorrow.
A joint resolution was passed reappoint-
| ing Andrew ID. White as a member OF the
Board of Regents OF the Smithsonian
| institute.
| The Mallory bill to further enlarge the
powers and authority OF the public health
and marine hospital service. known as the
national quarantine bill, was passed.
Rate Bill Called Up.
Mr.. Tillman called up the house railroad
| rate bill and Mr.. Bacon had read a pro-
posed amendment which would prohibit the
/ setting aside or suspension of a rate fixed
! by the commission by an interlocutory or
| preliminary decree of a court unless after
/ hearing wherein the order of the COM
mission is considered and concurred in
and ordered by at least two judges presid-
| ing at such hearing.
Mr.. Fulton then addressed the senate and
in legal argument opposed the house bill
without a court of review feature. The
! principle point he desired to make in his
speech, said Mr. Fulton, was that it was
not necessary to the validity of the bill
that it contain, specific provision for a
court of review.
Mr.. Fulton said that IL the commission's s
rate was extortionate there was no means
in the bill for the shipper to find relief.
Mr.. Aldrich interjected that he would not
give his support to the bill unless equal
rights were given the shipper and the
railroad
the heart of the controversy and that the
shipper has no fear that the commission
will raise rates above the present rates
1 fiXed by the railroads.
MIR. Fulton said that n he thought the
omission of a specific method of review
would work a particle of damage to the
! railroads he would not favor the bill In
| a brief. eolloquy with Mr. Teller Il was
stated by MIR. Fulton that he~desired to
limit the court of review TO the constitu-
tlonal right OF the carrier.
Mr.. Fulton was interrupted frequently by
| senators on both sides OF the chamber aud
| the discussion amounted to a general de-
bate on practically all OF the constitutional
questions involved in the measure
Mr.. Fulton maintained that no added au-
thority could be given the courts by con-
gress other than that they already have
under the constitution.
Long Submits Amendments.
Mr.. Long then offered the court review
amendment agreed on at the White House
conference as follows:
That all orders Of the commission, ex-
eept orders Tor the payment of money,
shall take eftect within such reasonable
time as shall be prescribed by the commits
sion and shall continue for such period OF
time, not exceeding two years. as shall be
prescribed in the order of the commission
unless sooner set aside by the commission
or suspended or set aside in a suit brought
against the commission in a circuit court
OF the United States, sitting as a court OF
equity for the district wherein any carrier
complainant in said suit has its principal
operating Office and Jurisdiction is hereby
conferred upon the circuit courts of the
United States to hear and determine in
any such suit whether the order complained
OF was beyond the authority OF the COM
mission or I'm violation of the rights of the
constitution
MI Long gave motive that he would ad-
dress the senate tomorrow.
Mr.. Hepburn made the point that in the
court review controversy the right OF the
shipper to go into court was not given
Nelson Replies to Knox.
Mr. Nelson followed with an argument
to show that the omission of a provision
for review would not under the proposed
law be unconstitutional. He replied espe-
cially to Mr.. Knox and said that even with,
out explicit authority for review there were
three methods by which an appeal from a
decision OF the commission may be taken
This authority is given under the judiciary
act Of 1881 he said and il may also be exer-
cised under the constitutional right to take
the mater to the courts in case an unreas
enable rate Is fixed. In the third place the
bill itself implies such an appeal.
The courts, he declared. were possessed
Of no inherent right to regulate rates, and
Mr.. Nelson argued that congress should
not be subrogated to them.
There is a general statute and an oper
door to all parties IN the constitution" h,
said, and declared that so long as thai
door was not barred this act would stanC
the test.
The senate az sos went into executive ses
sion and at 512 adjourned,
HOUSE PASSES LIABILITY BILL