| Show I I SENATOR NA TOR fO FORAKER A ER ERON ON RAilWAY He Makes Speech Protesting Against Any General Legisla Legislation tion ton on the Subject ELKINS LAW QUITE QUIE AMPLE I ll S SIng Sl Say log Ing II Would Pull to tl Kills BI i II Of or Washington Feb Jeh or r three hours lacking n it 1 few minutes today tOl Mr Foraker held hold the tile nilon of or the tho senate white hil ho ire rend reid u a carefully pro pared Ia rel speech on Oi tho the rate rn to quilt Ion Ills Is speech was ras it 1 protest against any ally Iny general on the theory that tn thi existing Hiking Elkins Ii could be bet begen t gen 80 a extended Ixl n an at id ti tl make Ilke it t answer all 11 the tue He lIe till dill not full fuji it t point out mit what hat lie considered the da dr I torts of or tho the l bill bil billand he declaration than thail mid and the Iho more once that H It I would fall fail td to t remedy tho the evils eI complained of The KJ ech IA listened to o 0 by h n a largo attendance both bolh on vu 11 the tile ot or the tho rind tind In the galleries 1111 tutu nt at Its 5 close Iose the win wile 11 con colt COl leagues by IJ tJ a U number of o his col colleagues ADMITS SOME lo m Mr Mc Ir Foraker conceded that some tOlle evils exist t In lii 11 connection Mill wll the but bul urged thit th alt all ni of them could rouM be Ie more inure effectively met Ity by II amending tho Eikin II R than by b pacing the rending pending hill bill hi He le announced lil lilt his regi at at nt litTerIng differing from frol the president dent t but ItI it t paid suit that t hit I ho he nut not seo eo kIn lili ry clear to PurSUe tiny any other He lie general review of the history h Je gave n a 1 genrl rev tory of ot the railroad development ot of lt the country antI and passed pa to 10 the of tin thu fly tem sINn which he lie said are lre Incident to tile the of oC no so 1 vast VIt nu n nt Interest lila Ills Is toWard town Id the pend lond pending londIng ing log railroad rule rate rile bill bil was wag WIS correctly Quit out outlined lined In lit his hIM paragraph In II which ho wild sail of or the bill hil It I Is FO PO contrary to the spirit of ot our mil Institutions and of or Much drastic antI and revolutionary char character acter that If It not nol In Its Is ef effect e feet at least lell t a ac a u precedent lent the chances are ait ale likely to bo be most mot unusual unit antI 1111 Ho discussed the railroad evils eUR as of ot thrle rebates and Rile dl He Ito found foun little to 10 complain of or under tinder the first heading but hut salt said soll there ore lire some ome Instances of charges that arc art too high and he thought a it 1 prompt and effective remedy should he be provided S ONE ONKA A I more mole serious Herlous evil eV he lie found Cound In 11 re rebates rebates bates bale and nM he lie h traced the present exten extensive sire sive railroad consolidations consolidation to the fart fact tae that the supreme court cout decisions against pooling had left the road without from the rebate system except to resort to ome general understanding Referring to the tho law In he pail paid There hero ins lias been no serious attempt to enforcer enforce this law 11 to prevent die dis discrimination dl crimination ni as 1 to lo localities but hul a glance nt rut lt Its 11 provisions will wi to tl show that It Is as l broad direct ex ox explicit and aI efficient to 10 remedy that kind kin of or an ni evil evi wherever It I may la exist as op Oi ophas U It Uha IthaK ha has haK boon been found foun i to be bt as its n to In personal discriminations That the law turn tilts hUl not been tested In this thin respect re I Is Iii not due to any fault of the law but because h no 0 tins linn hlll seen en fit Ot it to 10 Invoke It It The fault ht ho aided added II I Is I not nol with the existing low In w v hut but with wih the officials who have not lIot enforced It I BELIEVES IN COURT COUnT PLAN IIAN Announcing his liN hil 1 position h he said saidI I 1 believe bele In the court plan ug us UI con cou COllo from the tho rate rale making plan not niche alone because p e It H is I much sim simpler pier Iii cr but moro more much more mom lIt anti without expense e to th the shipper but boil hii because h In addition to all 11 that It avoids atolls all an legal nail and constitutional questions lu while the rule rate making plan an as ni set forth In this bill hi a 1 number of such questions that are RIe of o the Ihl moot 10 t character toni and 1111 some sonic of or them In my Judgment fatal RIGHTS OF 01 CONGRESS Regarding the right of ot Congress to tl tomake make moke rates he declared I the court has his never yet passed on that thal question autO and that there aro m many mallY ny eminent lw who are of the tho opinion that the court will wi hold holl when It I does doe loeR decide in that question queston that Congress does not have hae that power patter Their reasoning ho Ito said seems e ms to nu nb sound count and alit the tho th effect ot of It absolutely fatal to this en entire entre entire tire tre scheme of or legislation He lie was ira confirmed In this view h lIB he said Mal by the opinion of or the court In the Northern Securities company compan case Ho Ito le believed believe that lint a 1 remark made In reach reachIng reachIng Ing log the conclusion In that case leaves leve the question open He Ito conceded concede that thul the different states hive have the power ot or rate fixing Hut he the cases cocos Are arc lre wildly wholly different Manifestly It i Ja i s utterly Impossible for tor Congress by h stat statute ute tile to fix f sill all ni the re for Interstate commerce It I mu t resort to 10 minnie orne plan under which It I can avail luelf of the help of at some kind of or board commis cummis commission cUlm sion slon tribunal or agency But lint when It Il undertakes to do tb 10 this It must heed lest It undertake to 10 do ito It such mich a away 0 way wiy av as n fl to 10 delegates legislative author authority ity III Iy and lint thus mike lt Is its effort efort unconstitutional and unavailing for It I will wi ho he conceded that U it I Is unconstitutional for Congress to 10 delegate 11 legislative power He Ie le pointed out the he departure In em empowering empowering powering the Interstate commerce com corn commission mission to decide what shall be bo n rea rca reasonable satiable rule mil saying Haying AGAINST CONSTITUTION It I Is I In II contravention of our Con Constitution lulon to confer Judicial lowers upon the legislative department or to con comi confer for fer legislative powers upon the tile Judi Judicial Judicial judicial cial department or Ol to 10 confer conter of or these powers lowers upon Ulon the executIve do de department Ho lie le laid down the tue rule rulo of pf the courts court to be whether or not tho thu party on whom the tho authority Is h conferred Is In trusted with any discretion to 10 to make the tho law If Ir the Iho Is IIII so ao statute unconstitutional Discretion may 11 bo be allowed i as etc asto ls to 10 Its Is execution but none a us as to lu what the law shall be It I Is true truo that tho the supreme court coull has huus upheld statutes en NI enacted acted by h the conferring this bits power lower r on state commissions com minions or donerA donor 1111 that the supreme court did tint not Indulge in the maximum rate ralo and perhaps In other cases casl In the tho character of expressions referred to 10 but It I U is It also true that the Ule precise ques question tion now MIl presented pre enl d was not presented to 10 the tho court In any on of ot these cases And AndIs nd nt Is 18 U is I also alo truo true that the lie supreme of or the tho United States Stated has his never yet et up held Itch u a I state conferring power to rates rutes on 01 a railroad commis tommie commission Mon sion 11 or commissioner as Ds to 10 that particular ular point which did not make miko the pow poor VI Cr r eo so conferred purely pUrly In Iti character or which was not enacted liy huy h virtue of n ut constitutional provision that such BICh legislation QUOTES S The Tue Donator quoted quote i a number numer of or de do decision derisions In iii support of his contention ami Mid cab that ninny many of the states had hud found It necessary to amend their constitutions tione lols In order to give to commission the power pOWe to 10 fix lix fx lutes tates He lie conceded that thal If Ir Congress has hale hal tho Ito power to fix tx rates n a 1 commission COl mIssIon can an be b created and It ran can CI be bc utilized In the fixing of or rates Rut hull he lie saul Bald It can eln be utilized only under some Nome such stick statue as aM those hose en ell enacted acted by b the legislatures of o Iowa 1111 Wisconsin when triton In 1873 and ISH they passed their respective statutes clai casl s tying tho Ito railroads according to 10 earn earnings earning InK ings and 1111 providing that the officIals chosen chonen to 10 execute them by b com computation taking tho the classification n IOS a n basis bOHls determine what statutory rates should hould apply it That v itS us s administrative ml to The Congress could utilize thu Iho commis commission sion slon In the fixing of or rates ates If It should see fee ee lit fl to 10 resort re ort to the policy 11 of or a untIe mile mileage age basis Mr Ir Foraker I also contended conlen d that thai the enactment of tho the proposed law would contravene section 9 of article 1 I of ot the le Constitution prohibiting a preference In II favor of or the differentials allowed In II favor of o Philadelphia and Baltimore and of New ew Orleans and auth Galveston cud and admitted i that butt these theRo are essential to 10 the diffusion of ot the ex cx export e port traffic but raided added that the tue differ differentials Ilter conflict with wih one otto of the great purposes of or those tho e seeking the kind of ot legislation ton that limit t hits has been bell ed to secure to each ench locality Its ls own particular particular ular rightful advantage e of ot location anti and thus thug avoid the preferring III In the mak making ing In of o roteM of o one locality local to tho the pvc pre prejudice judice ju ilce of or another SYSTEM OF DIFFERENTIALS If It I we soe Invest the Interstate com commerce commerce merce commission rom mission with wih the power poorer to rates It must exercise that tint power subject to this prohibition of or the tho Con Coil that lint there shall be no prefer preference preference ence once for tor or the ports harts or of one state over oel those of o another The hole holo system of or differentials must in consequence he ho abandoned Not ot only would trout the port of or Boston be closet closed up but all ni the other ports port would bo ho nt at least leant most seriously af at affected totted i The general business that could be he taken us as well to one port Flirt lot AH OH another under present conditions would woul then concentrate at lit the most favored port PENALTIES PER lEit MONTH IONTI Discussing the penalties provided by h the but bill bil he tie lall they the would amount to per month and declared that butt the penalties prescribed are of or such cu mul te and am burdensome character as asto lS asto to doter deter n a carrier from reporting to tho the courts lOUtS except only where either tho the case CUBe Is la entirety entirely clear dear as ns to Its final out outcome outcome come collie or the thur th consequence of ot an un obey obe once mice Inee ot or the tInt order are lre of f such hank bank bankrupting character as an 11 to make It Impossible sible eibie with due lue for the tha rights ot or Its IM creditors anti and stockholders for It I to submit Mr Ir sail said that If it the lie bill Is to become a II law It should contain a n court review lele provision On 01 that mit point he gald slid In part some of or the most Im Important questions to which attention has hias been called cannot connot bo be b withheld from the Iho court but hut tho tIm power to 10 re me tew the question as us 18 to whether a rate condemned or n it I rate rte outdo made Inda by the rom coot commission mission In ir given Ilven case Is reasonable Is unfortunately not one of these But flut between extortion on the ono one kant hand and confiscation on the other there Is hI in most cases n a I considerable latitude within which the action of or the thu commission without special statutory provision for review of It by the courts would bo ho final Unil and alid conclusive LITTLE LEGISLATION NEEDED He lIe then declared that little or no legislation Is i needed Ice anti and that lint the hue El m law hI slightly amended Is sufficient If I enforced He lie pointed out that the Hepburn hut bill hi does docs not dent deal with re ro rebates buttes bates or carriers from front engaging ing log In other kinds of or business anti and that It does docs not enforce uniform classification Ion tion 1011 nor deal leni with discrimination an as anto asto to 10 localities The Tito senator stated that hint tile but bill bil hurl had passed passe tho the house houle without amendment because as liS the newspapers pers announced the thue order hut had 1111 gone forth that while there might be de Ie debate hat bate e no lii IU amendment onto no matter t ci how necessary it might appear should i be allowed 1 In The bill bil came caIne to the senate 1111 so fo 11 far for as aM the committee commit lee I II is ion con corned lerne i there has baa his been cen a n rendition of or that experience ho lie sail Roll To oven MI ho he hf 11 that the he t bill hil lii ii Is IN filled with vi unconstitutional I t or that It will tout 1 prove I 10 1 Impracticable In operation IH is ns as lS n a specious of anti and alty alY to whom or ni what nobody knows Tho The whole 0 hole halo proceeding Is iii II without prec iree Ir In my o and probably III In tho the history of It the notion nation If I we ore 0 to I ab our functions and permit such an nn Imperfect and alid bill bi to become a II law low discredit dl will wi Illach a nil disappointment ul isa ii t mont wilt wi ovi It follow tint not only to 10 those who trim desire lc such legislation ns nM the tho house hOUle rom nm pie suggested hut to 10 alt all QI tho ho tho peo people HK m CONCLUDES Mr lr l concluded It In Ii not either easy IM or ou 0 to slitter differ with ha Ih provident pro He Ito Il H is I the th heath head h iou for rol tile the time being not nt only of or the he Ih I tuition nui I but also al St of ot tho Iho hi 0 political I I teal l ity of or which I 1 am tim 11 proud to Li he a 1 member I believe Iel that the tho welfare of o the thi nation Iton is II in t beneficially affected anti and nu by b the supremacy if M if tho tue Republican policies nut on this ac tie account n count think I I titan man who lit In the tho th politics of ot that party should do rio alt all n nIn In hi his hI power to secure harmony of o pur purpose post pose ant unity of or action Its Is members with respect to tn national nf af affairs fairs In this behalf wo we should bo ito willing to 10 make concessions In tu minor matters but when questions arise trl o of ot such stick commanding aa as 19 those now 1100 10 under tinder consideration eon It I Is tho thu duty II lt of every mar man who linn has hl an nn official re me responsibility reo to 10 it discharge lh respect to them hoot th to make careful Investigation and Int alit to net In II accordance with the thu con can convictions he moy IW roach reach as a result To that tho the of o my lY ability I have hate done dono that I dislike exceedingly ns as e ey cry other public t man mun to tC ii bo be arraigned be ho before before fore rort tho tIle country by h unfriendly critics as ns prompted d by b unworthy motives In ili II ilithe tho the attitude assumed and alli alit to 10 BUlfer Ruiter In Inconsequent consequent cons In tho lie esteem of or thus tho pub |
