Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-03-14
WARM DEBATE
ON RATE BILL
Before Committee
on Railroads of
Council
Ss@--
LAW WOULD Be INVALID
Is Contention 80 Interstate
Commission Alone Has Jur-
isdiction in Matter.


The Council Committee on Rail-
roads yesterday afternoon, was the
scene of lively debate on the ques-
tion of the three-cent rate on all rail
roads In New Mexico hi accordance
with the provisions of the bill by MR.
Gallegos which passed the House re-
Gently. The railroads We're repre-
sented by their attorneys while Mr..
Cameron, Democratic member Of the
Council from Carlsbad, Eddy County,
fought for the bill In strong oratorlc-
al effort, His speech was able butt
there was one thing lacking as point
ed out by Mr.. Spiess who opposed the
bill, and that was that the time has
not yet come in New Mexico for al
three cent passenger rate, w. A.
Hawkins, assistant general counsel of
the El Paso and Southwestern Rail-
road also vigorously opposed the bill
in an able speech.
The session Of the committee was
open to the public and number of
people availed themselves Of hearing
the interesting discussion on this
much talked of measure.
Mr.. Spiess spoke mainly along the
lines of legal questions involved, He
pointed out the fact that should the
Legislature pass the bill it would be
entirely ineffective to accomplish the
desired result as the United States
Congress had provided the Interstate
Commerce Commission and had given
1T full power to act with regard to
railroad rate regulation. He said that
any individual coIll go before that
commission and there secure hear
ling and that the commission could
right any wrong. In proof Of his state
ments he read sections of the Inter
state Commerce law and stated that
1t treated a territory as state and
had the full power Of VIE segnlation
In New Mexico as we'll as in the
states
| Attorney Hawkins substantiated MI
|Spiess' statements regarding the In
lterstate Commerce Commission. He
even went further declaring that ter.
ritorial Legislature had not the right
to regulate freight or passenger rates
and could not do so by any law en-
, acted. He said the members OF the
commission who were appointed by
THE President, were men thoroughly
, jposted on all matters pertaining to
railroads and who knew and ascer.
tanned conditions in all parts OF the
United States. He said that any In
diyidual resident Of New Mexico coult
appeal to that commission for a three
cents rate but that all laws enacted
with that end in view would not be
! sustained. He reiterated the state
. ment by Mr. Spiess that the Terri
tory had acted most wisely in exempt
= ing from taxation for period OF sil
: years, new lines of railroad and gave
! graphic description of the hardships
TO be encountered in conducting rail
: Iroads in the Southwest.
He said the railroads, particularly
' the smaller lines, could not afford t.
Y operate passenger trains under
three-cent rate law at this stage O.
{ their existence and that such a law
a could 1t be enacted, would be ruinous
to the smaller lines operating through
sparsely settled districts,
Mr.. Cameron said he spoke for 81
per cent of the people of New Mexico
when he favored the passage of thu
} bill. He said it was a good measure
a valid law il enacted, and long-fel
: want He called attention to the fac
that the states in many cases wer'
enacting even a two-cent rate. HI
|pointed out to the committee Thu
stringent railroad and rate laws Q
: Texas and said that since they hat
l. been upheld in the courts, the Terri
!, tory Of New Mexico should and di'
!. have equal power to regulate the line
n within its boundaries.
He attacked most bitterly the sys
tenn Of charging the poor man 81
= cents a mile which he said was don
= by the railroads and selling the ricl
8, man mileage book at 3 cents mile
He said the Hepburn act and the In
O. terstate Commerce Commission coul
Q not prohibit the Territory from enac'
d ing legislation to prohibit discrimina
/ tion In passenger rates
He also attacked the law exemptln
railroads from taxation for six year
after their construction.
II Mr. Spiess replied at some lengti
) Affirming that action by the Legisls
ture to secure three-cent rate woul
o, be held void in any court Of the cour
try.
After listening attentively to the a
guments pro and con, the committe
70 deferred action on the bill until late
d The speeches by Mr.. Spiess and b
IS Mr.. Hawkins undoubtedly had consit
It cradle effect and 1t is the genera
d opinion that the three-cent rate vi
,yIwill be reported unfavorably If at al
Il on the grounds that It Is somethin
al lover which the Territorial Legisli
r ture has no Jurisdiction
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Il PRESIDENTS SON