The Washington herald., 1907-01-02
BAILEY AND THE RATE BILL.
Texas senator Holds President Re
EpOnsibIe for Hiutas in Law.

spOnHibIe for Hiatus in Law.
Senator Bailey, in n recent speech in
Texas thus explained the adoption OF
the joint resolution postponing the time
when the railroad-rate Dill should go
into effect.
Congress passed the rate bill When
it was passed there was no provision
in il fixing a future time for il to take
effect. Not only did the railroads an
nounce that they could not get ready 70
observe IL at once, but the Interstate
Commerce Commission announced that it
could not get ready to enforce It in less
than sixty days. They sent that mes
sage, not 20 the Senate. or to the House
1t nrst. but to the conference committee
Of the TWO Houses. The conference com
mittee inserted in its report a provision
postponing for sixty days the time when
the bill should take effect 4 point Of
order was made against that as well as
against one or two other provisions which
the conference committee had inserted
I'm It's bill without authority.
Upon the point OF order being raised
the provision was stricken out, but Sena-
Tor Tuman who had charge of it-and
largely through my effort il was that
be- did have charge OF it-Senator Till
man declared that the only thing left TO
do was 10 pass d joint resolution post
poning for sixty days the taking effect
Of the law Everybody thought that was
right There WAS no dissenting voice
on either side Of the chamber. THlman
offered his resolution and asked unaHi-
nous consent 20 pass IT, That was u
dangerous proceeding Senator Tiliman
although a patriot is not "a lawyer. and
was not familiar with the argument
which lawyers may Introduce. / feared,
as other lawyers did, that 90 pass a joint
resolution first and 10 pass a bin later
the bin being the later expression Of the
legislative body might be deemed as a
repeal of the joint resolution. And still
before | made the point another Senator
Mr. Bacon. from Georgia, made e.. After
a eOllOquV between Mr. Bacon and Mr
Tillman. suggested that the easiest way
out Of % would be 20 allow the joint res
olution 20 remain pending and If the con-
ference report should be adopted by the
Senate the following day. then after
the rate bill should be sent % the Pres
iacnt for his approval the joint resolu-
ton would be passed through both Houses.
AT that point Senator Tillman inter
rJpted ne with the suggestion that IL
had 60 be approved, and I said IL had TO
be approved. Then Senator Cullom said
that il could be taken up and passed by
the Senate Immediately after the confer
euce report should have been adopted
Senator Cull0m was one OF the Repub-
Hcans i'm favor of the bin, and WAS one
OF the Senate cOnferees. / then added
this. IT can be passed here and the Pres
ident can be communicated with and
De viii not sign the bin until the joint
resolution reaches him, and he viii sign
both IL The same time
Now. my countrymen. If the President
had done as / told him 10 do. If he had
held the bill until the joint resolution
reached him and signed them both on
the same day. in view Of the fact that
the law takes no notice OF fractions Of
a DAY when il comes 20 the enactment
of a law, the bin and the resolution would
have been equal i'm dignity and force,
and there would have never arisen
hiatus I repeat that If the President
had done as I told him the hiatus would
never have occurred. Now, what did the
President do2 Instead Of signing both the
bill and the resolution on the same day.
he approved that act on one day and did
not approve the joint resolution until the
tween the two. 1t Is by reason Of this
lapse that the hiatus has occurred under
which the Standard oil Company is at
tempting 10 escape the punishment of the
law