Show THREE BRANCHES ARE SEPARATE One of the Great Grea Departments of the Government Cannot Delegate Its Authority to Others SUPREME COURT OPINION POSSIBLE BEARING ON THE RATE RATEB BILL B ILL Washington April 3 Conservative ye Republican senators who have con contended contended contended tended that the house railroad bill would be unconstitutional if passed without an amendment giving the common carriers their day in court have accepted yesterdays decision of the supreme court in the Michigan railroad cases cases cages as positive affirmation of their position Several of these I san sen senators n met today in the committee room of Senator Aldrich and after utter a conference Senator Knox was re requested requested quested to give his attention to an ex examination examination of the decision with a aview aview view to Informing them just what hat I bearing it will ivill have on the pending rate bill Senator Knox promised to give the decision his closest attention From a hasty basty examination he Jle declared that it seemed to be in accord with the opinion opinIon opinion ion he lie held since the house bill was reported by the senate committee without amendment Justice Brewers Opinion Justice Brewer in the Michigan case care ca e said In the nation no one of the three great departments can assume o 0 be given the function of pf another for Lor the constitution distinctly grants to the president congress and the Judiciary separately the executive legislative and judicial powers of the nation It may therefore be conceded rl that an an at attempted attempted attempted tempted delegation by hy s to the president any ministerial officer or board of power to fix a rate of taxa taxation taxation taxation tion or exercise e other legislative lo functions functions functions would be judged unconstitutional tf nal Opponents of the railroad rate Mil lill MilIn lillIn In its present form believe the deci dee decision decision sion is applicable to an attempt by congress to delegate rate making pow power power er to a commission unless the courts are given full power to review They Thes await with more than ordinary inter interest Interest Interest est the opinion of th the leading h lawyers of the senate Claim It Is Not Applicable Supporters of the house bill bIn are not disturbed by b the th Michigan case eon con contendIng tending that the opinion of Justice Justlee Brewer is a dictum so far as It con concerns concerns concerns cerns pending legislation Senators Dollivar and Nelson declare that the opinion is not applicable to he lie pres pros present ent n t ease case Senator Long who addressed the senate today in support of f the bill quoted from the opinion of or Justice Brewer in the maximum rate ate at case ease as asto asto asto to whether congress in fact tact conferred d the rote rate making makin power upon the inter interstate Interstate state tate commerce commission the fol following following lowing lowin There Th re are aie re three obvious and is similar courses es open for consideration Congi Congress ess might itself prescribe the tIte rates or it commit to some sub subordinate subordinate subordinate ordinate tribunal tills t duty auty or it might leave with the companies the right TO TOmake tomake make rates subject to regulations and restrictions as well as to that rule which is as old as the existence of common carriers that rates must be reasonable reason able |