The Montgomery advertiser., 1906-05-09
FIRST VQTED
 ON RAyE BILL The Elkins Amendment Under Consideration. IT IS FAVORED BY THE SENATE Motion to Lay on the Table Beaten
 g to 49. The Object of West virxinian Is To Prevent the Railroads From En- gazing in the Buainess of Coal Mining.
IT IS FAVORED BY THE SENATE

Washington, May S.--Aside from q few moments devoted to the reception os the Allison amendment to the rail- road rate bill. and a half hour given to routine business, the Senate devoted its entire session today to the ineffect- ual consideration of the Elkins amend men tprohibiting common carriers from engaging in mining coal or in the pro- duetion of other commodities in com petition with shippers. and adjourned at o'clock in a state of great confus- lon as to exact subject before It. The disorder was due to the fact that a number of substitutes for amend ments to the original amendment were offered. During the day the Senate de- c.ded the heretofore disputed point that under the agreement the chair can en- certain motion to fay on the table. It refused, however. by a vote of twenty nine to forty-nine, to lay the Elkins provision. on the table. That amend ment. and the various notifications. will therefore be in order when the rate bill Is taken up tomorrow. | Discussion of the Elkins amendment to the railroad rate bill was resumed when the Senate met This amend ment proposes to prevent interstate carriers from owning and operating coal mines or dealing in commodities which they transport.
 Senator McCumber offered a substi- ute for the Eikins amendment which he claimed to be more simple while accomplishing the same purpose.
 Senator Dryden opposed the Elkins provision, saying that If 1t should be accepted without fixing time for 1t to go into effect, every household in the country would be injudiciously affected by 1t.
 Senator Teller also criticised the pro- vision, saying that Congress had no nies from mining coal or producing other articles.
 Senator Dick Objects.
 Senator Dick objected to the Elkins amendment. saying that 1t affected so many interests that It was in itself quief as important as the question of rate making.
 ion, saying that the railroads should be held to doing the business for which they were incorporated and that the amendment had been prepared to meet a generally recognized evil.
 He had not proceeded far when his attention was called to the fact that he had spoken yesterday on the provision. and he was taken off the floor, not withstanding he declared he must speak to something.
 The legal aspects of the amendment received the attention of Senator Knox, who called attention to the fact that the Supreme Court has never attempted to interfere with any policy In any State of the department of it's Indus tries. and then declared it was not competent for Congress to change the policy so long established
 Senator McLaurin offered substi- tute for the Elkins provision. and Sen ator Elkins found in 1t basis for the continuance of his speech begun earlier in the day on the main proposition. He said that under present conditions small operators cannot afford to mine coal in competition with the railroads and that his own State was especially affected by the evil. He referred to the newspaper report that the Balti- more and Ohio Railroad had retired from its coal business and commended the course as wise.
 Senator Deliver would have the amendments disagreed to with tho un- derstanding that before adjournment the Senate pass an independent meas ure covering the question of railroad ownership of industries
 Senator Overman put the suggestion of MT. Deliver in the shape of mo- ton providing that all pending pro- visions covering, the subject of the El- kins amendment be referred to the committee on interstate commerce. with instructions to bring in a bill covering the subject.
 Opposed By Senator Daniel.
 Senator Daniel opposed the Overman motion. contending that 1t was compe- tent for the Senate to act on questions In connection with the rate bill.
 If it should take the committee IS long to report on this question as 1t took 1t to report on the original propo- sition. the people might lose heart In the subject" said Senator Bailey in opposing the motion to refer the amendment to the inter state com merce committee. He supported the Elkin's amendment as entirely compe- tent. He was willing to extend the time for the provision to become opera tive until January, 1908. but said he was in accord with a suggestion made by MT. LaFollette prohibiting the ac- ouisition of coal lands in the mean time.
 Tn making this suggestion. Mir. La Toilette said that one of the south western roads had recently expended SIS 900 900 in the acquisition of coal lands in New Mexico.
 Senator Overman then withdrew his motion to refer the matter back to the committee,
 Senator Dryden onered an dihenument extending for five years the time in which the provisions shall go into ef- feet. saving that the utmost conserva- ,ism was necessary in considering such important questions.
 Senator Aldrich followed with a crit icIsu of the Elkins provision and was soon engaged in a colloquy with Sena- for Bailey during which the latter said that the carriers were opposing the amendment
 "That Is not true, unless l am a car rier." responded the Rhode Island Sen ator. but Mir Bailey responded that he did not mean to be so understood. "Nor" he said. "am one Of those who arc always imputing motives to the Senator from Rhode Island He Is as good AS his party He has d way when be can not get a victory of making d defeat appear as a victory, but in that respect he has an illustrious example In inc head of his party The Senator is not a carrier but the carriers best friend.
 At this juncture there was much confusion among Senators as to the question before the Senate, and 1t rose affAp rIxYp