The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-03-20

Texas Senator Takes Constitutional
View of the Proposed Rail
road Rate Bill.
QUOTES LAW AT LENGTH
HEPBURN ALSO STATES HIS Po-
SITION.

Washington, March 19.-There were
three speeches on the railroad rate bill
in the senate today. Messrs. Nc
Creary, Bailey and Hepburn were the
orators. Mr.. McCreary announced his
determination to vote for the bill,
whether amended or not, but said that
he would not object to reasonable
provision for the review Of the inter
state commerce commissions innings.
Mr.. Bailey replied to criticisms OF
his suggestion for a prohibition In the
bill against the suspension OF the COM
missions orders by courts below the
supreme court. He cOntended that
congress had the absolute power TO
prescribe limitations for the courts
which it creates, and cited a large
number of decisions in support Of his
position.
Mr.. HEPBURN advocated a review pro-
vision, but expressed the opinion that
even If It were omitted no person
could be deprived OF his right of ad-
mission TO the courts.
Lieu Land Claimants.
The senate today adopted a resolu-
ton presented by Mr.. Hansbrough, d.
Pecting the secretary of the interior
10 furnish on the first Monday in De-
cember, 1906. the names of persons and
firms or corporations who have relln-
quished to the United States land in
the vicinity of forest reservations The
information requested is to include the
names of those who have not selected
lands in lieu of those relinquished, and
the secretary is instructed to provide
the means for such persons taking pat
ents to lands TO which they are en-
titled.
Rate Bill Debate,
Mr.. McCreary was the first speaker
on the house railroad rate bill. The
measure was called up by Mr.. Tillman
az 1880 o'clock. Notice was given by
Mr.. Bailey that he would speak on
the bill following Mr.. McCreary-
The right of the interstate COM
rnerce commission to fix railroad rates
was defended by Mr.. McCTeary and he
argued that the rate fixed should re-
main I'm effect until reversed by the
court of review. He did not agree
with the belief OF some that the bill
was unconstitutional.
Mr.. saIIey's Views.
Reading from an account of the
Democratic senator's luncheon at the
home of Mr.. Newlands yesterday, pub
Tshed in a Washington paper today,
Mr.. Bailey said that the criticism OF
his views was the exact opposite OF
what had taken place. The report re-
ferred to said that a majority OF those
present were against his proposed
amendment. He then proceeded with
a legal discussion Of his position, and
declared that he had been upheld In
his contention by the supreme court
Of the United States.
More than a dozen decisions, from
the fourth Dallas to the 18TH United
States, he said, proved the power OF
congress to control the jurisdiction OF
the equity proceedings as we'll as the
law proceedings in the federal courts
Congress Has Jurisdiction.
Mr.. Bailey laid especial stress upon
the contention that congress may pre-
scribe the Jurisdiction of the subordi-
nate courts which 1t creates
Mr.. Bailey declared that all he was
contending for was TO have the rates
fixed by the commission stand until
finally adjudicated by the court, be
cause he believed it might be assumed
that any rate established by that body
would be more just than the rates Of
the railroad companies, the one disin-
terested and the other interested q
appeal to YOU TO say which is more
apt TO be right"
Favors Final Review.
Are we to understand that the SEN
ator favors a final review by the
courts?' Mr.. Aldrich asked
u do" replied Mr.. Bailey. 81 have
never seen the day when 1 would IA
vor the closing of the doors of the
courts TO any person, corporate CT
otherwise. ] favor a fair and impair
tiaI proceeding. What [ contend for
Is that the courts should not have the
power to set aside findings without
thorough inquiry"
He said that he did not have conf
dence in all the judges on the federal
bench.
Mr.. Hepburn expressed confidence