Omaha daily bee., 1903-03-10
Senate Committee DisposS5 Of One Protocol
and Will Discuss Other Tomorrow.
ELKNs' LAW REACHES SUPREME COURT
Texas CnttIemen sent 10 Get Case RE-
opened Involving Switching and
transportation Charges
on Live stock.

treaty was reported1 as in the former ses-
sion, without amendment.
When the senate went into executive
session Senator Cullom reported the treaty
and 1t was read at length, as the rules Of
the senate require. Under the rules an
objection carried the treaty over for one
day before 1t could he considered.
Senator Morgan objected to its consid-
Grafton today. He stated that he desired
to have the Spanish copy OF the treaty
so as to compare it with the English text.
1t is expected that a draft in Spanish will
be sent to the senate by the State de-
partment tomorrow.
Members of the committee on foreign
relations express the opinion that there
will not be any great delay in the ratihca-
tion of the treaty. In the committee meet
ing today Senator Clark Of Montana, who
succeeds Senator Bailey as a member, was
present.
During the session Of the committee
Senator Morgan offered to consent to a
vote on the canal treaty on Saturday, pro-
viding the senate would allow him to print
such remarks as he wanted in the Con-
gressional Record, or as a public docu-
ment.
Members OF the committee later discussed
the proposition with other senators and
the consensus of opinion seemed TO be
against granting this permission. Some
OF the remarks heretofore made by Senator
Morgan reflected rather severely on the
Colombian government, and especially on
the president of Colombia, and senators
think IL would be inadvisable to give off,
cial sanction to such utterances. 1t also
is feared that the Colombian government
might take offense and fail to ratify the
treaty.
The committee will take up the Cuban
treaty on Wednesday. Quite a number Of
democratic senators are opposed to It, and
while they say they have no desire to
prevent a vote, they intend briefly to speak.
The republicans count on three or four
more votes than the necessary two-thirds
majority to ratify II. There is a proba-
bility of some discussion of the constitu-
tional rights of the senate to make a
treaty affecting the revenues Of the gov
eminent without concurrence Of the house
Of representatives.
Some opponents of the treaty have said
that they think 1t is such an important
question that it might be delayed until the
regular session Of congress. Others have
suggested that there should be an amend
ment providing that the treaty should not
become operative until its provisions have
Deen approved by the mouse.
Some members of the committee think
that this much disputed question ought to
go to the supreme court and be settled
there. 1t is the present intention Of the
committee to press the treaty to a vote as
soon as the Colombian protocol Is out of
the way.
LOOMS Acts for Hay.
Assistant Secretary~of State LOOMS has
returned to Washington, and for the first
time since his appointment is acting as
secretary of state.
Watch for Conscience Fund. .
The secretary Of the treasury has re-
ceived a unique conscience contribution in
the shape of a watch with a gold or gold
filled case. The watch came in a package,
postmarked Pittsfeld, Mass. The sender
says in an accompanying letter:
Such as 1 have l give unto you for the
eonsclence Iund. The money | gave for
the watch Is more than l consider l owe
the government.
Elkins' Law Reaches Court.
The United States supreme court today
rendered its first opinion in an interstate
commerce case in which the Elkins act,
passed at the last session OF congress, was
involved. The case was that of the Mis-
SShAA ~ hdllEOdu COMPANY versus the
United States, involving a question of dis
elimination on the part Of the railroad as
between places. 1t was brought at the
instance of the Interstate COM
mission.
The railroad filed a demurrer challenging
the regularity Of the proceedings, but the
circuit eourt and court Of appeals decided
the case in favor of the government. These
decisions were reversed by today's opinion,
which was delivered by Justice White. He
said that by the terms of the old law,
under which the case was tried, the pro-
ceediEg would not have been regular, but
that under the Elkins law 1t would be. The
court, therefore, reversed and sent the case
back for a new trial under the Elkins act.
The bill originally was filed in the crr-
cult court for the district OF Kansas in
1893, at the request of the Interstate Com
merce commission. The case was brought
In the interest OF Wichita, Kan, the al
legation being that higher charges were
made for carrying freight over the Mis-
souri, Pacific from st. Louis to Wichita
than for carrying it over the sam line
from st. Louis. to Omaha.
CattIemen Seek to Reopen Case.
The Cattle Raisers' Association OF Texas
and the Chicago Live Stock exchange have
applied to the Interstate Commerce COM
mission to reopen the case against the
Fort Worth & Denver City railroad, involv-
ing through rates on live stock 10 the Union
stock yards at Chicago.
The petition refers 10 the commissions
decision that any charge above 81 per car
load for terminal or switching services is
unlawful and asks not only the discon-
t~inuance of terminal charges above this
sum, but the abolition Of discriminating
through rates on live stock.
The commission has notified the various
railroads interested to make answer within
the prescribed period Of twenty days.
Rails 10 Join Continent.
Secretary Hay, having been authorized
by the Pan-American congress to appoint
a special representative to carry out the
recommendation hat the United States
take the initiative in developing inter-
continental railway plans, has appointed
Charles NJ. Hopper.
1t is said considerable progress has al
ready been made toward closing up the
gap in the Intercontinental route, and in
many cases surveys made by the engi-
neering commission a few years ago are
being followed.
Further. II is said. the amount OF rail
way construction under way in South Amer
lean countries is not generally understood
IN the United States and the various gov