The Montgomery advertiser., 1906-05-19
Only Three Votes Against
 the Measure,
MORGAN, PETTUs AND FoRAKER
Governor Jelks May Attack Its
 Constitutionality.
Senator Morgan Says the Law Will Work Hardship On Alabama and A test of It wnI Be Made in
 the Courts.

fta st f TN--~--l-'@' atI.
 Washing gton, May 1S.-After seventy days of almost continuous deliberation the Senate today at 4:53 p. m.. passed . the railroad rate bill by the practically unanimous vote of seventy-one to three The three negative votes were cast by Senators Foraker, Republican. crats. of Alabama. There was an al most general sigh of relief among the Senators.
 The bill has received more attention from the Senate and from the country at large than any measure that has been before Congress since the repeal Of the purchasing clause of the. Sher- man act in 1898. It was reported to the Senate on February 26. and was made the unfinished business on March 12. From March 12 to May 1. the bill was under general discussion without limitation on the duration of speeches, fitfy-eight of which were delivered.
 For twelve days the bill has been under consideration undes a rrle lini- iting speeches to fifteen pfnutes each. The debate has at all times been earnest and animated. but for the most part devoid Of personality as between sena- tors The past few days, however. has called olt some caustis criticisms of the President and of some newspaper corr spondents by Senator Bailey.
 Tn nfdition tc passing the bill the prcceedings today consisted in concIud- ing the consideration of the amend- ment as such and the delivery of d number of speeches on the bill. The crJy amendment adopted was the one offered yesterday by Senator Teller, eliminating the words fin its judg- ment" from the power given to the In terstate Commerce Commission to fix rates.
 Words "In Its Judgement."
 When the railroad rate bill was talk en up today the Senate resumed con- sideration of the Teller amendment. striking out of the provision giving to the interstate commerce commission the power to prescribe rates the words fin its judgment"
 Senator Daniel made the first speech on the Teller provision, taking the position that the presence of the words Tin it's judgment would not have the effect of yitiating the bill as had been neither the presence or The absence of the words could affect the measure. '.If' he said the words are retained, the commission will have explicit au- thority to do what 1t must necessarily Ao if they are omitted"
 He said that as far back as 1924, Chief Justice Marshall had interpreted the right of Congress to delegate it's power and the rule then laid down had been followed in innumerable cas- es. He also referred to the recent opL inion of Justice Brewer in the Michi- gan Tax case, Saying that in that case, the Justice had used words which his own sense of propriety had led him to withdrew He added that a further consultation of Justice Brewers decis- lon would do much to set right the minds of those so 1Ond of catching at such trivialities as an opinion that was never delivered.
 Senator Long also advocated the re- tentfon of the words. {,
 Senator Spooner expressed doubt as to the wisdom of the provision.
 if he concluded. 1t was left to me as a lawyer to say whether the words should be retained, I would not dare take the responsibility of leaving them in."
 Senator Fulton advocated the reten- tion of the words.
 Senator Morgan would have the words stricken out. because they cast a doubt on the bill.
 Senator Lodge said there had not been any understanding that would bind him to keep the debatable words in the Dill and an understanding or no understand ing he wanted tho words stricken out. If the words remain and the law Is declared unconstitutional, the people will declare 1t a fraud, and Congress will be held responsible" he said.
 The amendment was adopted 50 to 24.
 Mallory Voted Down.
 Senator Mallory moved the substitu- tion of the words ascertain and de- clare" for the words determine and prescribe" in the rate-making provis- ion. but the motion was voted down, 21 to 47
 The clerk was permitted to read the amendments covering ten pages with out Interruption, and it looked IS if he might proceed to the end when Senator LaFoIlette offered an amendment per- hitting railroad companies to grant passes to the. officers of the Railroad Employees Association. The amend ment was adopted after only brief delay.
 Senator Carter proposed an amend ment in the interest of small roads to the provisions prescribing a penalty for false entries in the acts of the rail- roads He proposed to strike out the provision requiring railroads to keep only such books as prescribed by the Commission. Senator Tillman opposed the amendment as fatal to the prohi- bltion against rebates.
 Senator Tillmap said it was evident that unless the words prohibiting the Keeping of private memoranda and 
 thievery' shown by the reading of the disclosures against the Pennsylvania Railroad can't be stopped. He charg- ed that the Interstate Commerce Com missions investigation shows that the Pennsylvania is permeated with rotten ness from Cassatt down. Bribery giv. en and rebates and discriminatious have been shown to be practiced" In the midst of the charge he was noti- fed that his time had expired
 Senator Carter's amendment was then rejected
 At 1:45 D. m. the reading of amend ments was concluded and after am nouncing the third reading of the bill the chair asked Shall the bill pass?"
 There was yet some general speech es to be made and the passage was deferred.
 Teller There With CriticIsm.
 Senator Teller expressed the opinion that the bill as amended by the Senate was a much better measure than when 1t came to the Senate. He denied the right of the President to call Senators or members to the White House and instruct or request them how to con duct themselves. He would. however. give the President credit for giving