Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-04-27

they do not constitute such regulation,
he claimed that In so far as the state
charters to railroads were concerned the
provisions were still contrary to the
Constitution.
He asserted that Congress would have
as much right to lower the salaries OF
the officers of road or to decrease the
wages Of its employees as 1t would nave
to regulate its issuance Of stocks and
bonds.
Discusses Federal Supervision.
There is" he declared, mo decision
of any of the federal tribunals that
ever has reached such a point Of con-
struction OF federal supervision. There
Is no text writer or commentator that
have read who ever has advanced the
doctrine that regulation of commerce
carries with It the right to regulate
every act in connection with interstate
corporations from the inception Of their
charter all through their organization
and through every corporate act that
they perform, and unless / hear some
other ground advanced for this extreme
construction I must beg to offer my
dissent therefrom."
Cn the second proposition he contended
that charter Is a contract between the
state and the corporators, and he argued
that the bill contemplated the violation
Oh tne ODilSdtlOH VI SuCu COHlTdct
Makes Personal Statement.
In this connection Mr.. Rayner entered
upon a somewhat personal statement.
He declared that he was not In the Senate
as the representative of a railroad, and
added:
Il have never accepted any employment
from them in my profession. although
have had many an opportunity to do SO.
and have never advocated their claims
before any judicial forum or legislative
assemblage. Ny hands are absolutely
free. / am their friend when they do
what is right, and their enemy when
they do what is wrong. They are the
pride of the country as they are curse
when they territorialize the land and ap-
portion it among themselves as their sub
juEated province, and they are menace
| to our institutions when they invade the
halls of legislation and attack and tram
| ple upon the im1nemorial rights Of the
people.
Defends States, Not Railroads.
II do not know whether they are for
this bill or against 1t, and / do not care.
Having held no communication with them
or their agents or attorneys, l am utterly
Ignorant of the position they occupy.
| am here in defense of the states and not
Of the railroads.
Contending that it never had been con-
templated that the right to grant cor
porafe charters should be taken from the
states. Mr. Rayner said:
'It is one Of their reserved rights that
must be maintained inviolate and intact
| II we can do this we can literally destroy
these charters. If this is interstate COM
merce, then everything In the vocabulary
| is Interstate commerce. l challenge their
constitutionality. l charge that by vio-
lating contractual rights granted by the
states they undermine the fundamental
law of the land, that they practically
| overrule the maxims of the Dartmouth
College case. now conceded to be incor-
porated into the law by every writer
upon the subject.
Declared to Be Revolutionary.
II claim that the fifth amendment to
the Constitution is applicable to this bill.
even where the constitutions of the
states or their laws or the charters that
they have granted are subject to alter
alton, amendment or repeal. The Con-
gress of the United States cannot thus
deprive the states Of their vested and in
| herent rights. exercised for over a hum
dred years without being challenged or
/ questioned. and never. Mr.. President, will
I believe that the Supreme Court in the
ubiquity Of its power, power not pos
sessed by any other judicial tribunal in
the world. will ever sanction such revo~
! lutionary doctrine"
Senator Dolliver Responds.
Mr. Rayner's invitation to the 'insur-
gent" senator's made a general hit with
the Insurgents" themselves. quite as
much az with democrats and regular re-
publicans. All were wreathed In smiles
throughout its delivery. and he had not
resumed his seat before Mr.. Dolliver was
recognized Before replying to Mr.. Ray
ner's invitation Mr.. Dolliver entered upon
q discussion Of the question Of the cap
italization Of railroads rather than upon q
reply to the Maryland senator's PROPOSE
| ton to enter the democratic fold.
He advocated the right Of the national
government to scrutinize the issue of
t0tocle and bonds OF railroads. He declared