The Birmingham age-herald., 1906-05-18
SENATE BEGINS REVIEW IF BILL More Than Half the Measure
 is Covered STOPS ON CONSTITUTIONALITY Attack Made on Clause Giving to the Commission Discretion In the Power to Prescribe Rates.
 Other Questions.
STOPS ON CONSTITUTIONALITY

se Senate today reo of Senator Bailey Ha secure an understa. sso senator's and tn, HEeasE Of the railroad bill.
 he included the memor4 aa zaas. Senator Chandler to the Pre- et which the charges of bad faith h.
 Mr. Bailey had been predicted. The Tex. senator again arraigned his critics in sharp language.
 With the exception of Mr BaiIey's di- gIession, the entire day was devoted to a review by the Senate of the amend ments made in committee of the whole and covered somewhat more than half of the measure There was a prospect of con- cludlng the reading until the selection granting to the interstate commerce com mission power to fix rates was reached. and the question of the constitu- tionality of that provision was raised. The attack was made on the clause giving to the commission discretion In the power of prescribing rates and a long debate en- sued The question was still under discuss sion when the day came to a close.
 The clause was sharply attacked by Senators Teller Knox and Foraker. MT. Knox expressed doubt whether the bill | would be constitutional even with the dis | cretionary power omitted, and it was MT. l Foraker's conviction that it would not There was again considerable debate over the pipe line rebate and anti-pass amendments, and also of the amendments prohibiting common carriers from trans 1 porting articles produced by themselves. All of these and other less important pro | visions were modified.
 The Senate adjourned to meet at Il | o'clock tomorrow A4
 Gas Lines.
 When the Senate met today 1t promptly entered upon the consideration of the rate bill as reported by the committee of the whole. Beginning with the first amend | ment. Senator Beveridge moved to strike out the words excepting gas lines, nat ural or artificial" from the operation of the provision making pipe lines common carriers. The suggestion was sharply an- | taeonized by Senator Foraker who charged that the change is desired to meet the whims of somebody who wants l to influence legislation
 Senator Lodge, author of the amend ment, admitted that he cared very little | about the gas feature of the provision. My object" he said. "is to bring the pipe lines of the Standard oil company under the jurisdiction of the interstate commission. | don't see why that eorpor- ation is exempted from the operations of | the law: there is no reason why it should | escape. As matters now stand it holds the entire oil industry by the throat i Senator Beveridge eontended that the provision should apply to gas as well as oil Senators Scott. Gallinger and Nel- son opposed the change.
 I After further debate MT. Beveridge 1 withdrew his amendment in order to permit Senator Taliaferro to present q provision excluding only natural gas for municipal purposes.
 Mir. Taliaferro declared that the Senate had twice taken a position against Mir. Foraker's ''pet line" and yet he added as the bill now stands 1t appears to have been inserted. He attributed this change 1 to the skilful management of Messrr rich. Foraker and Carter.
 There Is no excuse w'iH'f f7H ft remark said MT ~ ia fAta then outlined sa of tae ass ton by wh Ha as cd Tn
 #H d's ea- pissf
 apaar a1eftoL
 ssratrr YH attention to HHf.Hreut e en the amendment 41aiia4 common carriers and the Flor al 5ndment making it unlawful }5 caul.non carriers to transport com
 Hides produced by themselves. He . said that under the second provision the 1 pipe lines must go out of business entir- l civ or devote themselves 10 the exclu- sive business of carrying the oil gas of other owners.
 Senator/ uaveridge said that he did not sympatH with the attacks on the | Standa oil company. He would dis crlmJ .te neither for nor against that l f,, faxs mi t,u | any other commodity. The law should | apply equally to all people. and all com modities. He did not believe that an exception should be made in favor of the Cincinnati Pipe line. He also spoke of the Senates change of mind the gas question when the provision was un- der consideration in committee of tho whole but said that he did not charge any manipulation. The debate then drifted into a general discusison of the right of eminent domain which was participated in by Senators Bacon. Scott. Fulton, Culberson. Clark. Arkansas. Teller. Clay and Elkins. Sena- tors Scott and Ell<ins said that the peo- pie of West Virginia object to the talk ing of gas out of their state. as is done to build up the manufacturing interests of Ohio and Pennsylvania.
 Motion Rejected.
 MT Taliaferros motion was rejected and the amendment left as 1t stood before the controversy began. The provision includ- Ing express companies and sleeping car companies as common carriers was also left undisturbed.
 The ant-pass provision then taken up and new draft by Senator culberson was adopted In place of the amendment yesterday. The only change made was in phraseology. and all the classes speci- fled yesterday were accepted
 The provision was still further amended at the instance of Senator Hansbrough so as to make the penalty apply to per sons asking and accepting passes. as well as to those granting them The penalty is a fine of from s10o0 to 5000.
 Senator Deliver moved to add travelling secretaries of r. NJ. C. A. and the amend ment was accepted The amendment as modified was then finally accepted. 2. | The provision prohibiting common car