Their relationship began to break down over the question of railroad regulation. The President in 1905 sought legislation to give the Interstate Commerce Commission (ICC) the power to set freight rates; Foraker considered the proposed law unconstitutional, and introduced a bill by which the railroad would set the rates, and if the ICC found they were excessive, it could ask the attorney general to bring suit. Foraker spoke repeatedly against the administration-favored bill as it moved through the Senate, and was one of only three senators (and the only Republican) to oppose the resulting Hepburn Act on final Senate passage. As the Ohio legislature had passed a resolution urging Foraker and Dick to vote for the bill, he faced anger at home; one newspaper wrote that Foraker had extinguished his chances of becoming president with his vote. The following year, Foraker also broke with the administration on the question of statehood for Arizona Territory and New Mexico Territory, feeling that the two territories should not be combined into one state unless a merger was approved in referenda. Foraker's position prevailed in Congress; despite his stance, Roosevelt signed the resulting bill. The two men also differed on issues of patronage, and on a series of treaties requiring Senate ratification that allowed for international agreements without the need for Senate approval. Roosevelt wrote to a friend that Foraker seemed determine to fight him on every point, good or bad.