| Show I RAILWAY RAILY RATE BILL BILLI I I Sharp Division Between Its Sup Supposed Supposed I posed Friends on Suspend Suspending J ing illY of Rates by Courts MISUNDERSTANDING IS GRAVE I I ig Debate 1 as ns U S to I vr of I t hr Mill ten r Under I S Washington Wn March 7 That there la Is I still 1111 a R sharp of oC o opinion bo lm tween tho thu supposed friends of ot tho Dol Dot DolI I railroad rate bill hilt was wan wn I made matte decidedly today In the thc thet t r Tho TIll division Is ts over the tho Whether n a rato made by bytho byj j the tUo In commerce commission lolI shall lo ho suspended by the courts pend pending tog ing Una adjudication ami aiu was brought 10 lo the surface urCo In III t u II brief debute which followed a n 1 n lIet t speech by b Mr Ir Clapp ehll In III support of ot the hill bUt In to lo a U ques 1005 question tion by lIy Mr mil rt Mr Ir III PI ex cx expressed pressed doubt Ill us to tho so o to ns lIs to enforce penalties pro Iro proposed ro posed fI ed by b tho tIu bill hill pending a it review of or any given RIven by hy the courts When hen Mr II Clapp concluded c his regular la lie he wan Willi w questioned by Mr Ir I Tilt man ns on to his of the tie 30 day provision In n inn tho rate bill bit and tho brief colloquy that ensued A great deal of ot t Mr asked lI kNI Mr tr Clapp hipp It If ho In tl ti bill to mean nenn lint uny In cir dr circuit cult cUlI Judge or district IlI Judge upon rom eom could suspend RII the ord order r of fit the commission lolI until th litigation VH WN WItH completed Coni anti Mr II r 1111 replied No not In n A thousand years cum He fl 11 that what he ho had hall salt said was that where the court suspended this lite IIII It H only operates operated as J this th expression of ur the thc purpose s f of ot tho court but In view of ot the tho language of ot the tha pro provision vision vl lon unless tho the name Mine shall bo ho sus suspended S also operated an nH the will of 01 the legislature as IS to I not riot being laing in III fact fatt III t yet suspended U and consequently tho Iho carrier obtaining this temporary restraining order would not be liable for lor the penalty of ot n a day III In the tho meantime if It the tho restraining order was 11 finally 1 This statement of 01 the Minnesota urn n tors s hUll hud the effect of ot Ing In the tha following from the South Curo Caro Carolinian linian It If he mid fold the tho penalty penally of or a n aday tiny day Is II suspended by Ity an on order of ot tho the court pending the litigation where Is III punishment to compel the tho carrier ever to obey ob an fl order Is not tho the whole case Riven away If It the senator us as to the Iho Interpretation of these words Is right Aro Are we e not face facelo lo to face with mi ati absolute surrender of ot the relief to the tho shipper Mr Clapp responded I J think we ve nio ItlO face tUle to 10 face with the tho statement from rom which I 1 rend read and I t con cnn connot not 1101 place lilace It any uny better hetter than It U was placed by the senator lena tor from Pennsylva Pennsylvania nia tila Mr Knox Kno c when he said Of Ot I do Ilo not nan mean that In iii nn nu Inde Independent pendent proceeding begun heun In court thin tho court could not in III tho thu exorcIse of ot IN ILK discretionary powers power when at that tho the rote rate 11 hy y the commission f was Willi enjoin HH ItH It operation until i n IL linn I hearing hen ring Flint Is la n ii power that Inheres In the thin court that need not bo ho beJ J conferred by b statute anti probably can cannot cannot not be taken by hy II n U Continuing Mr Ir Clupp said it 1 We Ve are arc face to 10 face filco with the prop A p that It If fixed a n rate be bl bel l low what the low recognizes ns as a a n rca rea reasonable 3 rate thou then clearly you are In Invading InI I 1 tho the property lights of ot the tar ear carrier tarI eart t rier I In response to An nn Inquiry from Irom Mr l I Hallcy us liS to whether ho he would not nol Join 1 In tn un an effort to 10 secure nn on amendment to 10 the bill which would retain In effect i lutes by b the commission lon until I determined determine by 11 the courts Mr 11 ili t sold ho could not on the ground i L that such n a provision lolI would affect the tho ct very Cry ery life of ot the Ihl th proposed law In I Mr halley Balle did not accept the sloe doc I e trine trifle thai hint hod huel not 1101 tho the power St j to forbid a ii suspension of nr if rates but hut paid b that flint It if such Buch was WI the th cast the Spooner l q y t Impound amendment should bo lie accept accepted ti ed fOd He lIe dill did not belIeve In Iti closing the tho IheI Ii doors of ot thu tho courts to tiny uny one 01 but bul III In Insisted js that until the tho courts should con colt conclude on I clude their Investigations and reach Tench a ri verdict thin tho rote rIIto of ot the commission 1 ii continue In effect 1 Ie Mr str Nelson Nehon Nel nn asked Mr Ir If II hi h hiS S t L that thaI hud hail any more power e to prohibit n a court from a II torn tool r i 1 IY Injunction than thull t U from froni Issuing log a II ai j i i Injunction I is lit the t ho Texas senator Sy that thit till he lie had no doubt that Con COI oil i 4 r grel hud had power hewer to an In 15 interlocutory order for he lie II sId said If It Con Cont ConI I t gres had hlll power to establish e a II rate It wn 11 not unreasonable to tn ask that It should remain In effect until thin the ques quen question quention tion linn nt lit issue Dually determined Ho lie did nut not that judge e who might be he b brought Into u a cane clis should have thu power iwer to lo suspend the order lel of ot the tho commission Taken Jukell us liS a whole he fild tIld federal Judges tilt are upright men Ill lout hut I will b his bIt If It the lire lite not lint aide to lo tomake tOmake make Huke out n u case calle If It they can call get I t tho the rote rato suspended while tho the suit Is Its WilY way to 10 adjudication un till hRH Una wo SSu can Call NUro i such Ruch ns us will hold u IL rOte mil established by the commission we Il nh slot Ing up III a it ills dis disappointment appointment for tor the people of ot the thc Unit United ed Id States Mr evidently hal hail been vory very nervous while the tho debate was proceed proceeding ing Ii iii awl and ho lie secured the tie il soi as tin coon ns he lie could conveniently do 10 so no lIe He spoke for tor Or only n a moment and said Raid Tho Tile Interpretation given Riven by It Ii the sell sen our nh from Minnesota is absolutely con to my lilY understanding Tills TItis Is III a n Important difference to my minI mind It is III tho the cord of ot this whole ques question I loll tion If H Congress Is hI I to hedge he lle about by judicial decrees we shall have to ro Form torm tho ito supreme court coutt for tho lie people are determined to lo have relief r lIef The Tha Th announcement of 01 this titis sentiment elicited scattering applause In III the gal galleries galleries galleries The statehood bill hili was then taken up and Mr Nc Perkins l spoke In opposition to 10 the tho union of Arizona and Rill New Mexico HP lie H expressed his hili conviction that Ari tri Arizona Arizona zona was prepared for single state slate statehood hood heed Mr M r l announced his hIM o oto to 10 offer an amendment confining tIme operation of ot tho ho bill to Oklahoma lahoma Ol and Indian Thit went vent Into Inlo executive ses seii session sion stoil nt ot C 05 mid ot fit t 51 IK p m I in mu adjourned I until tOll II U 11 |
