The Birmingham age-herald., 1906-02-17
EACH MEMBER HAS
 DIFFERENT IDEA All Seem Afraid of Court Re-
 view Feature PRESIDENT IS AGAINST IT Democratic Senators of Committee Have So Far Refused to Disclose Their Attitude on Court Re-
 view Feature of Bill.
PRESIDENT IS AGAINST T

view Feature of Bill.
 Washington February 16-"We have heard as many opinions on the railroad rate questions as there are members of the committee, and each man is afraid to bring the court review feature to vote. said Chairman Elklns today. when the Senate committee on interstate commerce adjourned until next Thursday without having taken a vote on a bill or con sidered an amendment for judicial review of orders of the interstate commerce com mission This statement was made in the presence of Senators Deliver and C1app, who are contending for the Hepburn bill in the form 1t came from the House. It was said in jest but 1t is believed that it more nearly expressed the situation than any previous alleged authoritative an- nouncement. The committee agreed that important amendments will not be voted on until Friday of next week.
 Ostensibly the committee adjourned be- cause Senator Tillman was suddenly taken ill with threatened pneumonia and could not be present and because Senator Gull lem will return from Florida next week and cast his vote In the committee. The real reason for adjournment is believed to be the attitude of certain democratic members in not disclosing their position on the court review feature. Neither re- publican faction in the committee was cer- tain of the outcome and a vote therefore was not insisted upon today.
 Cullom Against Amendment.
 Supporters of the House bill were en- couraged, however by the telegram re- cetved today by Chairman Elkins from Senator Cullom, asking to be counted against the amendment of the Hepburn Deliver bill if a vote were taken today
 Without taking up the question of judi cial review of orders of the commission, the committee considered many amend ments offered to other sections Of the bouse hill Senator Carmack offered an amendment increasing the interstate com p.erce commission from five to nine This amendment was adopted by vote of six to five as follows:
 Affrmative: Elkins, Aldrich, kean, Car mack Foster and Crane.
 Negative: Foraker, Deliver, Clapp' MIG Laurin and Newlands.
 It was agreed, however that Messrs' Culom and Tillman may have their votes recorded on this amendment, and this may change the result, though it is not believed likely.
 Another amendment offered by Senator 1 Carmack to fix the liabilities of common carriers railroad and transportation com | ,1.N kr1 nj. mously and will be incorporated or added | to the bill as a new section. The amend ment Is as follows:
 cormack Amendment Accepted. That any common carrier, railroad oi 1 transportation company receiving prop erty for transportation from a point r | one state to a point in another state shall issue a receipt or bill of lading there for, and shall be liable to the holder thereof for any loss, damage or injury tC ] such property coused by it's negligence or of any common carriers, railroad or trans l portation company to which such prop erty may be delivered, or over whose | line or lines such property maypass anc no contract, receipt, rule or regulation shall exempt such common carrier, rail road or transportation company from the 1 liability herein imposed. Provided that l nothing III IIllS SeCllOH Slldil utpIlNt Nllt | holder of such receipt or bill of ladine from any remedy or right of action which he now has under existing law.
 That the common carrier, railroad ol | transportation company issuing such re- ceipt or bill of lading shall be held re- l sponsible for recovery as the common carrier or transportation company through any negligence the loss, damage or injury | that shall have been sustained, the amount of such loss, damage or injury as 1t may be required to pay to the owners | of such company.
 Several amendments were suggested providing for both inclusion and exclu- sion of express companies and proprie- 1 tary cars under the bill but no action l was taken. There was also a number of amendments offered to section 1 of the Hepburn bill on the subject of what is l known as joint rates.
 l No amendments were offered at the ses- | sion today which had any bearing upon l the court features after receiving rates fixed by the commission. It had been said Senator Knox would prepare ar | amendment on the subject acceptable to the President, but this rumor could mol 1 be confirmed Senator Aldrich who rep | resents the faction seeking to amend the | hill does not credit the report nor does | Senator Deliver who Is seeking to have | the bill passed without amendment or ! that subject.
 Spooner Has a Plan.
 Senator Spooner has a plan relating tC | the adjustment of differences between the interstate commerce commission and com | mon carriers respecting rates, but he :: | not ready to make the details pubic | This plan provides that when a common l carrier protests against rate fixed p' | the commission and seeks a restraining l order. the common carrier may become l compelled to pay into the courts weekly | or monthly amounts equalling the olHer 1 ences between the rates established pA | the railroad and fixed by the commission | These payments are to be held by tn' ' courts pending the review and returned t' ] the railroads in the event the order wal l declared unreasonable. If the commis sion's order should be upheld. the none! | held by the courts would be paid, not t' | the shipper but to the producer or th' | commodity shipped.
 | Senator Spooner has not perfected thu nlan to his own satisfaction but he t' deyotng a great deal of thought to 1t. Il | Is stated that the supporters or the House bill will not oppose an amendment or thai | character for the reason that 1t does no | susnend the operation of the commission | in fixing rates and would teno to ols' | courage frequent appeals.
 | Roth republican factions express tho beIief that Attorney General Moody is the Presidents chief adviser on the subject of nending railroad legislation, and he is | onnosed to any amendment looking to the | retrial of any case after the commission has investigated a rate and corrected it. | If found to be unjust or discriminative. | --~--
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