Los Angeles herald., 1909-01-07
FULTON'S BILL
MAY YET PASS
SENATE COMMITTEE OPPOSES
PROPOSED RATE LAW
PRESIDENTURG FURTHER LEG
ISLATION, HOWEVER
Needs of Changes in Present Statutes
Are Cited by Chief Executive
and May Lead to
Action

WASHINGTON, Jan. 6.-An adverse
report to the senate on Senator Full
toms bill to prohibit railroads from in
creasing freight and passenger rates
without due notice was made today by
Chairman Elkins of the committee on
interstate commerce.
The action anticipated a message
from President Roosevelt calling at
tention to the need for further legisla-
ton on railroad rates as indicated by
the recent decision of the supreme
court of the United States in the case
of e. H. Hartman against the inter-
state commerce commission.
The report by Senator Elkins was
made after two votes had been taken
on the Fulton bill at a meeting of the
committee earlier in the day. Several
members of the committee were alb
sent.
The senators opposing the bill OBJ
tanned authority to make the adverse
report after having procured the vote
of Senator Foraker, one Of the alb
sentees.
1t is expected the presidents message
will be used as an argument in favor
Of taking up the Fulton bill regardless
of the report against it, and Senator
Fulton has given notice that he will
try to do so.
At the committee meeting there were
Senators Elkins, Aldrich, Kean, Dol
liver, Tillman, Crane, Newlands, Fos-
ter and Taylor.
AIdrich Opposes 1t
Mr.. Aldrich moved that the bill be
reported adversely, and Mr.. Newlands
moved as a substitute that it be re-
ported favOrably with an amendment
that would leave to the discretion OF
the interstate commerce commission
whether a protest against a proposed
increase of rates should operate as q
stay until the reaSonableness of such
an increase had been determined.
On Mr.. Newlands' motion to report
the bill favorably the ayes were Dolli-
yer, Tillman, Newlands and Taylor
and the nays Elkins, Aldrich. Kean
and Crane, with Foster not voting.
A vote then was taken on Aldrich'
motion to report the bill adversely and
the chairman voted Senator Cullom by
proxy in favor of the motion.
AS Mr.. Foster voted mo- a second
tie resulted. Senator Elkins said Sen
ator Foraker was opposed to the
measure and he was authorized to
obtain the latter's vote.
The Fulton bill was introduced a
year ago and its author constantly has
urged its passage.
made in rates except after thirty days
notice to the interstate commerce
commission unless the commission al
lows less notice. Railroads are pro-
h1b1ted from receiving any compensa-
ton for passenger or freight transpor-
tation other than that stated.
The penalty for violation is a fine OF
not less than $1,000 nor more than $780,
600 for each offense, and the same pen
atty is made to apply to the receiving
or granting of rebates
The presidents message on the Har-
riman difficulty follows:
1.-THE recent decision of the supreme
court Of the United States in Harri-
man versus the interstate commerce
commission seems to render advisable
further legislation in the way of amend
ments to existing laws which will con-
fer upon the interstate commerce COM
mission so far as the congress has con-
stituttOnal power to do so. the author
ity claimed for it in the case recently
decided against it by the supreme
court.
Views of Justice Day
Justice DAY, in delivering the dis
senting opinion concurred in by Justice
Harlan and Justice McKenna, says in
part:
""The function of the Investigation
which congress has conferred upon the
interstate commerce commission is one
OF great Importance, and while, Of
course, it can only be exercised within
the constitutional limitations which
protect the individual from unreason-
able searches and seizures and uncon-
stitutional invasions of liberty, the act
should not be construed so narrowly as
to defeat it's purpose
Apparently the language of the act
is such that there is danger lest the
last mentioned result will unavoidabIy
ensue upon the construction placed
thereon by the supreme court, and it is
therefore obvious that the congress
should amend the act and change the
language so as to explicitly empower
the commission to require by subpoena
the attendance with the testimony of
witnesses and the production Of all
books and papers relating to any mat
ter under investigation and by this
virtue of the powers conferred by the
said commission by sections of the law
under which it is formed, or by any
act amendatory thereto, so as to aid
in ascertaining facts upon which it can
recommend any additional legislation in
reference to the regulation of commerce
that it may conceive to be within the
power of congress to enact.
81 further recommend that the COM
mission be explicitly empowered to
postpone the application Of any in
crease Of rates by any railroad pending
examination by the said commission
into said increase to see whether or not
it is justified. The regulations of the
railroads should be as completely as
possible in the hands Of the commits
sion, for it can only be rendered effect
i've by being put completely under the
control of some branch Of the national
executive, the action of this branch to
take effect Immediately.
THEODORE ROOSEVELT
"The White House, Washington, Jan.
6, 1907
BELIEVE TAET Is AFRAID 10