Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-02-17
As Many Opinions as There Are
Members Of Committee, Says
Chairman Elkins.
COURT REVIEW FEATURE CRUX
Senator Declares that Each Man is
Afraid to Bring Question TO
A Vote.

| to bring the court review feature to "a
vote" said Chairman Elkns today
\ when the senate committee on inter-
| state commerce adjourned until next
| Thursday without having taken a vote
on bill or considered an amendment
| for judicial review OF orders OF the in.
| terstate commerce commission.
This statement was made in the pres
ence of Senator Dolliver and Clapp who
| are contending for the Hepburn bill In
| the form that 1t came from the house
1t was said In jest. but 1t Is believed
that IL more nearly expressed the situa-
| ton than any previous alleged authori-
tative announcement. The committee
| agreed that important amendments will
not be voted on until Friday OF next
| week.
| Ostensibly the corlmittee adjourned
because Senator Til'man was sudden
| ly taken III with what threatened to
| be pneumonia and could not be present
| and because Senator Cullom will return
| from Florida some time next week and
| cast his vote in the committee.
| The real reason for the adjournment
| Is believed TO be the attitude OF certain
| Democratic members I'm not disclosing
| their position ON the court review fea-
| ture,
Neither Republican faction in the
| committee was certain OF the outcome,
and a vote therefore was not insisted
| upon today. Supporters Of the house
| bill were encouraged, however, from a
| telegram received today by Chairman
! Elkins from Senator Cullom, asking 10
he counted against amendment TO the
Hepburn Dolliver bill II vote was TAX
en- today,
Without taking up the question Of ju-
diclal review Of orders Of the commits %
sion, the committee considered many
amendments offered TO other sections OF
| the house bill
Senator Carmack offered an amend
ment increasing the interstate com
| lnerce commission from five tn nine
| members This amendment was adopted
| by a vote OF 6 TO Z, as follows: Affirm
ative-Elkins, Aldrich. Kean, Car
mack. Foster and Crane; negative
Foraker. Dolliver, Clapp, McLaurin and
| Newlands.
1t was agreed however, that Messrs.
| Culom and Tillman may have their
votes recorded on this amendment and
this may change the result, though
this Is not believed likely
Another amendment offered by Sena-
tor Carmack TO fix the liabilities OF
common carriers, railroad and transpor-
tatlon companies for negligence. was
adopted unanimously and viii be incor-
porated In or added TO the bill as a
new section. The amendment Is as
| follows.
THAT any common carrier, railroad
| or transportation company receiving
.s,tg s..,
| point In one state to a point In another
state. shall issue a receipt or bill OF
| lading therefor and shall be liable 10 the
| holder thereof for any losses, damage
| or injury to such property caused by
| the negligence OF any common carrier.
| railroad or transportation company Ia
| which such property may be delivered
or over whose line or lines such prop
| erty may pass, and no contract receipt,
| rule or regulation shall free such com
| mon carrier. railroad or deportation
company from the liability therein I'm
| posed.
| provided, that nothing IN this sec
| ton shall deprive the holder OF such
| receipt or bill of lading from any rem
| edy or right If action which he now
has under existing laws.
| THAT the common carrier. railroad
| or transportation company issuing such
| receipt or bill OF lading shall be on
| titled to recover from the common car
| rier, railroad or transportation COM
pany through whose negligence the
amount of such loss, damage or In
Jury shall have been sustained, the
amount OF such loss. damage or IN
| jury, as IL may be required To pay TO
the owners OF such property"
Several amendments were suggested
providing for both inclusion and ex-
clusion Of express companies and pro-
pr,etary cars under the bill, but no ac-
ton was taken.
Senator Foster desires that express
companies shall be Included and gave
notice that he would call for vote
on such an amendment at the next
meeting OF the committee. There were
also a number of amendments offered
20 section ona Of the Hepburn bill on
the subject of what is known as Joint
routes.
No amendments were offered at the
session today which had any bearing
on the court features affecting rates
fixed by the commission. II has been
said that Senator Knox will prepare
an amendment on that subject accept
able TO the president, but this rumor
could not be confirmed. Senator AID
rich, who represents the faction seek
ing to amend the bill, does not credit
the report nor does Senator Dolliver,
who L. seeking TO have the bill passed
without amendment on that subject
Senator Spooner has plan relating
10 the adjustment of differences be-
tween the interstate commerce CONF
mission and common carriers respect
ing rates, but he is not ready To make
the details public. This plan provides
that when a common carrier protests
1,,ss h. ,g.,al
and seeks restraining order, the COM
mon carrier may be compelled to pay
into the courts weekly or monthly,
amounts equaling the difference be-
tween the rates established by the rail-
road and fixed by the commission.
These payments are to be held by the
courts pending tho review and return
ed to the railroads In the event the
commissions order was declared UNI
reasonable. II the commissions order
should be upheld the money held by
the courts would be paid, not to the
shipper, but 10 the producer OF the
commodity shipped,
Senator Spooner has not perfected
the plan TO his own satisfaction, but
he Is devotlng a great deal OF thought
10 It.
II IL said that the supporters Of the
house bill would not order an amend
mont OF that character for the reason
that It does not suspend Che operation
Of the commission In fixing rates, and
would tend 10 discourage frequent APP
peas.
Both Republican factions express the
belief that Atty. Gen. Moody Is the
presidents choice for adviser on the
subject on pending railroad rate legis-
lation, and that he II opposed 20 any
amendments looking To the retrlal OF
any case after the commission has In
yestigated rate and corrected II II
found TO be unjust or discriminatory