The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-02-23
SHIPPERS BEATEN
Railroads Score Decisive
Victory In Senate.
Little Is Left of the Carver
Bill.
SMITH TO THE FRONT.
Senator From Edwards Leads
Fight Against Shippers.
His Amendments Are Invariably
Adopted.
Committee of Whole Reports the
Tattered Measure
SMITH TO THE 'FRONT.'.

whole arose at noon. after the nine
hours Of discussion of the railroad bill,
the report to the senate was that the
bill be passed by the senate subject to
further amendment and debate.
When the senate committee had fin
lished amending the railroad bill in the
committee of the whole it was so
changed, altered and revised that it was
a new bill, and contained anything but
what the shippers wanted.
The senators spent Wednesday after
noon and night in speeches and Thurs
day morning in making amendments.
During Wednesday afternoon, and in
fact throughout the discussion of the
BILL the railroad attorneys, N. H. Loo
mis- of the Union Pacific, Howell Jones
of the Santa Fe and J. c. Richards of
the Missouri Pacific and Jacob Smith
of the Wells Fargo company were in
council in the committee room at the
rear of the senate chamber. Senator
Miller was in the chair during the de-
lliberations of the committee of the
whole. Three times Wednesday after
noon Senator J. B. Belts of Topeka,
chairman of the railroad committee of
the senate and a signer of the majority
report in favor of the senate bill as
against the Carver house bill, rose to
/ his feet and as many times
cried, Mr.. Chairman" The senator
from Shawnee was not recognized by
| the chairman and did not secure an op-
portunity to make a speech defending
the senate bill. After his third trial to
be recognized a messenger was sent
from the committee room, by the rail-
road attorneys, to Belts with instruc-
/ tionS for him not to make a speech. Al
ter that he did not attempt to secure
the recognition of the chair and during
the debate said nothing about the bill.
| At $3.50 o'clock this morning the SEN
ate as a committee of the whole reSum-
ed the discussion of the railroad bills.
Senator F. Dumont Smith moved that
section 10 of the house bill be stricken
out and explained that section 10 of the
house bill is covered in section IL of the
senate bill adopted an amendment
The motion prevailed.
Senator Brewer offered an amend
ment as a new section to the house bill
as amended by the senate and it was
adopted as follows:
Section II. 1t shall be unlawful for
any railroad company or other common
carrier to grant to any consignee or
consignor any rebate or drawback, or
enter into any arrangement with any
consignee or consignor where any such
| consignee or consignor shall directly or
indirectly receive lower rate for trans
porting freight than the rate fixed by
/ the orders of this board, or the publish
! ed schedules of such railroad company.
/ It shall be unlawful for any railroad
company or other common carrier to
grant any special privileges to any per-
L
way of a preference in furnishing cars,
sidetrack facilities, sites for elevators,
mills or warehouses, or any other form
of preference privilege or discrimina-
ton 1t shall be unlawful for any rail-
road company or other common carrier,
or any agent or employe thereof, to en-
ter into any secret agreement with any
firm. person or corporation any special
privileges favors or discrimination in
favor of such firm, person or corpora
tion.'
Another Smith Amendment.
Senator F. Dumont Smith offered as
an amendment to the house bill in the
form of new section section 4 of the
senate bill providing for the position of
assistant attorney general to prosecute
complaints before the board of railroad
attorney general. Senator Noftzger
wished to amend by making it the posi-
ton of attorney to be appointed by the
board Senator Simons amended to
make the appointment by the governor,
The amendments were all adopted and
the new section of the house bill will 80
in as a new section as follows.
ffSec. IS. The Office of attorney
for the board of railroad commission
ers is hereby created. He shall be
appointed by the governor and shall
hold his office for the period of two
years, and shall have a salary of
mum. 1t is hereby made the duty of
such attorney to make a special study
of the railroad laws of this and other
states and the interstate commerce
act, and to act as special counsel for
the board of railroad commissioners. to
prosecute and defend all suits and
proceedings in behalf of the state in
the name of the state, in connection
with the acts of said board. and on
behalf of parties complaining of un-
just discrimination by the railroads or
other violations of this act, and to per-
form such other duties as the COVER
nor may prescribe He shall not en-
gage in any other occupation, but shall
give his entire time to the duties or
such Office"
Senator F. Dumont Smith and SEN
ator Samuel Porter both moved to
amend section of the house bill by
striking out the words upon its own
notion"
This brought forth speeches of the
Sa me nature as were made on the sub
stitution of section IL of the senate
bill for section of the house bill
Upon It's Own Notion
The entire contest over the bills has
been over the provision for the board
of railroad commissioners to act upon
complaint or upon its own motion"
Senator Young Spoke against the
striking out of this provision. Sena-
tors Hodges Peck. Noftzger, spoke on
the same side of the question
Senator Fitzpatrick spoke in favor
of striking out the provision. Sena-
tors Gilbert, Porter of Crawford. Smith
OF Franklin, Getty, spoke against the
motion
The motion to strike out was