Show RATE DEBATE BEGINS Senator Culberson Reads a Section of His Bill and Foraker at Once Joins Issue KNOX MAKES A GOOD POINT TILLMANS REPLY TO PRESIDENTS t DENTS MESSAGE Washington W March Tillman t today y addressed addreSs d the senate In reply to President Roose message con concerning Corning the re resolution tion instructing the die interstate com coin commerce merce cOmmisSIon to make examina examination tion of railroad In the matter ot of hauling coal and oU oil The rhe message which condemned the roso reso h lution Uon on the ground that Its purpose was not specified Was sent to the desk by Mr Tillman Tiliman and was reread Mt Mr Tillman thought the resolution sufficiently specific arid and the presidents criticism ther thereof of Uncalled for Senator Lodge replied in support of the president He thought that the resolution however imposed a task on on the task that would ta tax the census bureau Loosely Drawn Senator Foraker said on examina Uon that the resolution had been l draWn Mr lIr Spooner thought the resolution defective In that it did not give the commission authority to send for wit witnesses nesses flosses and administer oaths in con connection connection with the new Investigation it has been requested to make and which Is one in addition tO tb the duties by the interstate commerce act Would It not be a redundancy and Idiocy to give a authority to send for PErsons arid papers when it already had that authority asked Mr Till Tillman man If the senator bad stud ed the law lawas lawas as he should have done dOlle he would not ask that question retorted Mr Railroad Rate Bill The debate was interrupted at 2 when Mr Culberson was rec recognized recognized to speak on the railroad rate bill He read a section ot his bill to create emergency powers powers for the inter interstate Interstate state commerce commissIon which he will offer as a substitute for the pend pending pendIng ing measure Mr lIr Foraker took issue with Mr Culberson when he declared congress itself had con trued the commerce lause to give It power to fix rates In granting a federal charter to the Un Union UnIon ion Pacific railway In that act It re reserved reserved served this power and It acted under the commerce clause in that legisla legislation legislation tion Title This Mr Foraker contended should fiot be so held Cong Congress ess was acting under Its authority to Ush lish post roads and provides for the national d defense rather than under the commerce clause and In fixing rates was exercising a proprietary power Mr Culberson answered that c con congress n gress could e exercise no other than its legislative power Mr Knox called attention to the fact that states recognized this power in forbearing to fix any rates outside their borders for which point Mr Cul Culberson Culberson berson expressed his thanks A Legislative Function Later Mr Culberson declared that rate making was 8 a legislative and not nota a judicial function The right of judicial review of an order of the commission already ex exists exists and inherits from the constitution said Mr Culberson To Incorporate It ItIn Itin In the pending bill he declared would be but to r recognize a constitutional right but would answer no purpose that had not already been met He opposed the use of the term faIrly remunerative in the different bills and also justly compensatory and said both raised a new nev standard not recognized in common law He ad advocated vacated instead the term Just and reasonable Mr Culberson said that conditions had change that competition had bad been destroyed by merger Uon tion and arrangements and the Interests of the country demand domand that these railrOAd corporations restore to the public hat chat ju tI belongs to it Bills Passed The Tho railroad rate bill was then tem temporarily temporarily laid aside Bills were passed as follows To amend section ot of the revised statutes relating to the inspection of steam vessels asing to the annual ap appropriation for tor agricultural stations ExtendIng th the pUblic land tand laws to certain lands tn in Wyoming For the removal of the quarantine station at San Diego Cat Cal and to ac acquire acquire quire a new site At the senate went into ecu Uye tivo session and at adjourned |