The Washington herald., 1907-08-22

Georgetown, Ohio. Aug. Ex-senator
Foraker was greeted by a large crowd at
the Georgetown Chautauqua to-day. His
address was devoted largely to answering
Secretary Tafts speech at Columbus Mon
day night
The Senator said that Taft is losing
ground in Ohio, but If he is nominated
for the Presidency all Republicans will
support him. Speaking Of the tariff.
Foraker said that II Taft is correct in
saying that there are evils in the tariff.
they ought to be remedied at once. He
declared that the Secretary is wrong in
saying that any great body of Repubu-
cans desire the tariff revised now, or
eighteen months hence. He declared that
the railroad rate bill instead Of strength
ening the Elkin bill weakened it.
Foraker Claims Credit.
Mr.. Foraker said. in part:
All the provisions Of the Hepburn rate
bill specifically mentioned by Secretary
Taft in his commendatlon of that meas
ure, except the rate-making provision.
were Incorporated into that bill by the
Senate-most Of them with my active as
sistance. and some Of them upon my own
motion.
The objection in conferring the rate
making power upon the Interstate Com
merce Commission is not. in my opinion,
answered by Secretary Taft.
He makes no answer to the suggestion
that the three powers Of government, the
legislative, the executive. and the Judi
cial. are all conferred on the commits
sion and that this commingling of these
powers Is Unprecedented. and in viola
ton of both the spirit and the letter of
the Constitution. Ills answer to the OBJ
lection that If Congress haze the power
to make rates. it cannot delegate the
same seems 10 be mere assertion and
speculation, based on false premises.
Congress Cannot Delegate Powers.
No legislative power is given by the
Constitution OF the United States TO any
hody except 10 the Congress. II IS an
elementary proposition that such power
so conferred cannot be delegated. The
Congress can prescribe rules by which
commissions can work out results where
it is possible for the Congress to work
out the details. I have at all times
claimed that most of the amendments
made by the Senate TO the Hepburn rate
law would prove beneficial and helpful
in greater or less degree. In that respect
! have never criticised that law. NV OBJ
lection has been, if I may repeat myself.
directed solely at the rate-making provi-
sions Of that statute.
THE secretary discusses the FIkins
law with the evident purpose Of dispar-
aging it, and of creating the impression
that it was a railroad measure. The pur-
pose of il was u give tie shippers Of the
country a speedy, efficient and inexpen-
sive remedy against rebates and discrin1i
nations of every kind and character. and
to absolutely break up and destroy such
practices.
Claims EIkins Law Is Weakened.
There was much doubt expressed in
the Senate committee as to the wisdom
OF following the recommendation of the
Interstate Commerce Commissioners To
repeal the Imprisonment clause. but they
We're responsible for the inforcement of
the law
Secretary Taft seems 10 be misinformed
as to the Elkins law. Nobody has ever
claimed that it was perfect But while he
seems to disparage the Elkins law. yet
he admits that all prosecutions down un-
I'll this time have been under it. be
cause these prosecutions were for Of
fenses committed prior 10 the Hepburn
rate law and then says that criminal
prosecutions will continue 10 be under
the Elkins law, but as amended by the
new rate bill
But the Secretary has evidently not
studied very carefully the amendments
by the rate law to the Elkins law. Not
Withstanding the restoration Of imprison-
ment as a punishment. the Elkins law
has been weakened. and not strength
ened
Senator Foraker drew attention to an
address delivered several years ago in
which he gave warning that for the gov,
ernment 70 undertake rate regulation as
provided In the Hepburn law would
create confusion and distrust
Senator Foraker took Secretary Taft
10 task or MS position on tariff revision.
alleging that the Secretary had changed
front since he, a year or more ago de-
ton Of rates. Senator Foraker n!zde
this an excuse for reiterating his Oft
expressed stand-pat views.