Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-03-31

from the bill before us a clear lack
of machinery. Now Section provides
that "the claim that any. such testi-
mony or evidence may tend to criminate
the person giving such evidence shall
not excuse such witness from testify
ing; but such evidence shall not be
used against such person on the trial
Of any criminal proceeding" That is
| the same language, word for word, that
| exists in the original interstate COM
merce act, and the supreme court of
the United States decided in 1892 that
that provision was absolutely and en-
| tirely unconstitutional. Section II is
taken substantially from the interstate
commerce act but it adds these i'm
portant words to the language Of that
act: mo advance shall be made in the
| rates, fares, and charges (which have
been established and published as afore-
said by any common carrier Of said
| board" In other words here is a sec
| ond instance where you put in the
hands of the railroad commissioners the
| absolute power to make rates. Section
IL, which provides for fine for the
violation of the act, is not nearly as
| adequate as the interstate commerce act
| which in addition to the fine gives the
additional remedies of mandamuS and
| injunction. Those are omitted; anoth
| err lack of machinery In February of
this year the United States Senate In
terstate Commerce committee had I'M
der consideration the rate bill amend
ing the Interstate Commerce Act
| which enlarged the powers Of the COM
mission to make them the creator of
rates as this bill does, and in report
of some 10000 words that great commit
tee of Congress absolutely turned down
| that bill and the committee protested
| strongly against giving power to the
commission to initiate rates. The bond
| ed debt of the Maine Central Railroad
is about 100000. 1t is of some i'm
portance whether you pass a bill like
| this or not to that railroad in refund
| ing their debt. If it goes out that we
| are enacting hastily a measure of this
vast Importance, q measure so drastic
as this, which goes beyond anything
| that this country ever saw before, I
tell you it is likely to have in these
times and in the future some influ-
ence upon the borrowing capacity of
| that railroad, and with a bonded debt
of 100000 to be refunded an increase
mean 100000 annually, 100000 to be ad-
ded to the fixed charges Of that rail-
| road every year, and with that 500, 900
added to the operating expenses of
that railroad, how can the shippers
| expect to secure more reasonable
| rates? I think this bill is in it's pro-
visions unfair, it is deficient in it's ma
chinery, it is in part unconstitutional.
u, ,k.,{, IL
| operating is simple, effective, consti-
| tutional; and the very fact that there
has been but one case decided under
it shows first the fact that case could
be decided, shows that it is of some
practical worth; second, the fact that
but one case has been decided under
it for long series of years shows that
the demand for such legislation as this
is exceedingly limited.
| Mr.. PETERS of Ellsworth: Mr.
| Speaker: I have the greatest conf
| dence in the committee which has con-
| sdered this matter. 1t seems to me
| that the amendment proposed by the
| committee together with the present
statute covers the ground as we'll as
| it ought or can be covered, and it
| strikes me that everything which is
| not probably unconstitutional and not
| reasonably unfair and not entirely
| necessary and not really going too far
| in the bill proposed is entirely covered
| by the present law with the amend
| ment offered by the committee; and I
| for one am in favor of the motion that
the bill be Indefinitely postponed.
Mr.. McLain of Bremen moved the
previous question.
Mr.. HERSEY of Houlton: Mr.
| Speaker: In this bill simply ask the
power to revise; let the railroads make
| the rates and give the railroad COM
| mlssioners power to revise them The
gentleman from Augusta said there
| was no appeal. Well, there is no APP
peal in the amendment put in by the
railroad committee. The gentleman
from Augusta finds fault that 1 have
not got specifications enough in my
bill. In one breath he says there is
great lot of machinery here and in
another breath he says I have not got
! enough machinery. If 1 have not got
| specifications enough, what does the
gentleman say about the bill reported
| by the railroad committee which hasn't
any in it? He speaks about deposit
lions, that 1 have not got the pro-
cedure to take dispositions. 1t is very
easy for him to offer an amendment
| IT he does not think there is machinery
enough for that purpose. He speaks
of the provision that no advance in
rates shall be made unless by consent
| in writing of the commissioners. If
the railroads are not going to be bound
by the rates revised by the commits
sioners then the commissioners had
better not NEEDLE with them at all.
| | ask you under this committee bill
If the railroad commissioners can do
thing? There is no penalty. They
cannot fix the rate. I say that this
State should have some power in it's
| railroad commissioners to enforce the
| rate that they find right. I may have
| a hobby in regard to railroads, but
want you to understand that if I have
| any feeling in the matter it is not be-
| cause I have any interest in the mat
ter. 1t will not affect me in the least
whether this bill passes or not. I am