Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-04-21
PURCELL BREAKS
into L|MEL|GnI
IN Washington
DOES SOME GROUND AND LOFTY
TUMBLlNG IN AN iNClN-
DIARY TALK.
IS AGAINST The GOVERNMENT
ACCUSES PRESIDENT OF WORK.
ING AGAINST INTERESTS
OF THE PEOPLE

ABUSES PRESlOENI Of WORK.
ING AGAINST INTERESTS
OF THE PEOPLE
Washington, April 2O.-In his
maiden speech, delivered in the sen
ate today on the railroad bill, Sen.
ator Purcell of North Dakota sharp
ly criticised the president and the
attorney general. He virtually
charged a purpose of so transform
ing the supreme court as to insure
such construction of the proposed
law as to supplant and nullify an.
tagonistic state laws and state con.
stitutions. He was dealing with the
merger provisions of the bill, and
having stated that the North Oak
ota state constitution prohibited the
consolidation of railroad lines, con-
tended that under the decisions of
the supreme court it had held in ef-
feet that questions of this character
were subject to state control.
ut must be apparent to every
one" he proceeded, "that when the
president and the attorney general
drafted this law they were familiar
with existing laws in relation to the
matter covered by section 12 1t is
fair to assume that they put it in
this bill because they wanted to see
it become a law Section 12, if en-.
acted, would conflict with the de-
cisions mentioned.
1T can become operative only in
one way. Of the members of the SUI
preme court which decided Louisville
and Nashville railroad case, only
three are now on the bench, and two
are advanced in years and are now
entitled to their retirement. The
court is in a lamentable condition.
Two vacancies now practically exist.
Two more soon will exist in the nat
ural course of events. This will make
at least four appointments that the
president will have to make.
Having the power to appoint the
members of this court, who finally
determine the law upon all questions,
he has the opportunity to appoint
those whose sentiments in regard to
section IL accord with his. The at
torney general would. no doubt,
grace the supreme bench. If he were
appointed, would he not support his
own handiwork?
"How easy it would be for the
through his new appoin-
tees, to bring about a change in ex-
isting law, and to foist upon the peo-
nv YycSN rs
the law of the land.
"The pending bill demonstrates
that the president is strongly inclin-
ed toward the interests of the rail-
roads. Therefore, would he not
make appointments of court of com.
merce judges, known to be favorable
to the railroads?
"If this should happen, then by the
passage Of this bill. all the benefits
and protection given by court de-
cisions may be lost, and the rail-
roads may, by our action, be author
zei to accomplish those very things
in the matters of consolidation which
he courts have determined they
could not do, because they were det-
and destructive to the
lights Of the people,
Mr.. Purcell criticised many of the
provisions Of the bill OF the pro-
posed court of commerce he COM
and said that no esta blished
awyer could desire a place on it's
bench, because it would be "a vortex
If passion and greed.''
He found fault with the failure of
he bill to prohibit over-capitaliza-
ion and improper combinations on
he part of the railroads. He also
expressed tho opinion that the bill
hould permit the Interstate COM
nerce commission to regulate trans
rates on the great lakes, as
nder existing conditions indepen-
ent lines could get a footing on
hose waters.
Mr.. Purcell declared that already
he country had repudiated the wis
ON Of the president in giving his
ndorsement to the new tariff law. /
n support of this statement he re-
erred to the action of the Indiana /
tate republican convention. He
ointed out that in all the five con-
ressional elections held since the !
bill became law, the
epublican candidates had been de-
eated. notwithstanding the districts
ad all been republican. He spoke
egarding the failure to place lum-
er on the free list, and went at :,
ength into conditions in his. own
ate, where he said the lumber bust :,
ess was largely under the control
a ring.
When he concluded Mr. Purcell
as congratulated by number of
is colleagues.
Following Mr.. Purcell's speech, the
snate engaged in a prolonged wran-
|e over parliamentary entagle-
ent relating to the status of amend. {
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