The Montgomery advertiser., 1905-02-22
NO RAIEBILL,
 SAYS ELKINS The Senate Committee Has
 Not lime. ROADS SIDE UNHEARD Military Academy ApprOpria-
 ti0n Passed. In Busy Day Senate Discusses Railroad Rate Legislation, Isthmian Canal Question, swayne Impeach- ment and Fairbanks Vacancy.

Washington. Feb 21.--The Senate today passed the military academy appropriation bill and began consider . ation of the Indian appropriation bill. Early in the day in response to ques- tion, Mir. Elkins, chairman of the com mitte on interstate commerce expressed l the opinion that it would be impossi- ble to secure railroad rate legislation during the present session of congress. The Senate took up the Isthmian canal bill and agreed to meet an hour earlier tomorrow in order to advance the bill. | Ex-Senator Higgins finished his l preliminary statement in opening the defense for Judge Swayne and one witness for Judge Swayne was exam ined
 When the Senate convened Mir Car mack. a member of the committee on l interstate commerce presented pe- tition for railroad legislation. MT. Berry immediately asked as to the prospect for railroad legislation, when Mir. Carmack gave place to Mir. Elkins, chairman of the committe to mako reply.
 Mir Ellxins said "the bill passed by l the House reached the Senate about ten days ago. During that time the Senate has had almost continuous ses- sions but only one friend of the rail- roads has been heard. The committee has given the best attention possible to the bill but there has been no time to consider the amendments and there are several believed to be important. No decision as to an effort to pass the bill this session has been reached, but with a limited time at their disposal 1t would seem that there is very little prospect of that result before adjourn ment, with only ten days Of the ReRs sion left and with much other imper- ative business to be performed"
 Mfr Carmack, a member of the com mittee on interstate commerce, ex- cused himself from speaking for the committee on the ground such joy ous harmony exists there as to ob- literate party lines" He said he could assure the Senate that all of the committee are actuated by a keen de- sire to execute at the earliest pos- sible moment, the promises made by the President of the United States and through the medium of the Demo- cratic platform and to add that it Is the intention of the whole committee to be guided in this matter by fhe President
 Indeed" he added. q may go farther and say knowing the chairman of the committe will correct me if I am wrong that am authorized to inform the Senate that all the mem- bers recognize in the President the foremost disciple and the ablest lieu tenant of William J. Bryan" Tbe statement caused a general burst of laughter and the incident closed.
 A number of senators sought recog- 1 nR M hTrt Hale objected. Mir. Proctor presented a partial conference report on the ar- my appropriation bill. ''The Senate conferees," he said, have presented everything in the way of compromise they could think of, but so far they have not been able to get the House members of the conference to yield except to the one provision that re- tired officers shall be assured of their full retired pay
 Academy Appropriation Passed.
 The military academy appropriation bill was taken up and passed.
 The alteration by the Senate was made at the instance of MT. Platt of Connecticut, who moved an amendment placing on the retired list as BrigadiSr General General Joseph R. Hawlsy. The amendment was accepted without discussion. As passed the bill carries a total appropriation of $617,S7S.
 Mir Reveridge presented the creden- tials of James A. Hemenway as a Sem ator from Indiana to succeed Mir. Fairbanks.
 MT Bailey suggested that the pa- pers were defective in that they indi- cated that Mir. Hemenway was elected to fill a vacancy that had not become such. He referred to the fact that .dr. Fairbankss resignation of the office of Senator had been rendered to take ef- l feet on the 4th of March and that re- gardless of the fact there was at the time no vacancy the Indiana Legisla- ture had proceeded to elect Mfr. Hem enway as his successor to take office at the time specified by MT. Fairbanks for the expiration of his term of officc. | He said he meant to make no effort to have the certificate referred to com l mittee, but he suggested that the Sen ate should at sometime take the mat | ter up and determine upon a line Of policy to pursue under such circum- stances.
 Messrs Bowers. Tellers and Platt | (Conn.) expressed similar views. and l all concurred in the opinion that the Senate should at the proper time de- l termine the matter definitely. The credentials were accepted. l Consideration of the Indian appro- priation was then begun.
 On a point of order by Mir. Lodge. the amendment prohibiting army off l ceFs from being appointed as Indian agents was stricken out
 When at ? o'clock the hearing fin the 1 Swayne impeachment trial was re- sumed, the Indian bill was laid aside. 1 MT Hale presented an order for 9 vote in the Swayne case at 1 o'clock Saturday and asked that it go over un- | til tomorrow. He said he would insist | on the literal enforcement of the rule governing the closing arguments in | the case.
 ! MT. Palmer replied that the House managers would desire at least six hours for their presentation of the | case for the prosecution. He said that l each of the manages would desire 10 l be heard. MT. Higgins then resumed | his opening statement In Judge | Swayne's interest.
 The chair interrupted Mfr. Higgins 10 . say that the latter's presentation Of the