Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-02-17
RATE BILL GOES OVER
Senate Committee AdjOurns Until Thursday
Without Vote on Appeal Feature.
BOTH SIDES ASSUME WAITING ATTITUDE
Senator Oullom Asked to Be Counted
Against the Amendment
MINOR CHANGES ARE VOTED UPON
Commerce Commission Increased from Five
to Nine Members.
KNOX MAY PROPOSE AN AMENDMENT
Rumor that PennsyIVnnia senator is
PreparinG Court Change
Acceptabl bic TO the
President.
Commerce Commission Increased from Five
to Nine Members.
KNOX MAY PROPOSE AN AMENDMENT

WASHINGTON, Feb. 16.--"We have heard
as many opinions on the railroad rate
question as there are members OF the com
inittee and each man is afraid to bring Inc
court review feature to a vote" said Chair
man Elkins today wnen the senate COM
mittee on Interstate commerce adjourned
untn next Thursday without having taken
a vote on a bill or considered an amend
ment for judicial review OF orders OF the
Interstate Commerce commission. THIS
statement was made in the presence OF
Senators Dolliver and Clapp, VINO are con-
tending for the Hepburn bill in the form
that IL came from the house. 1t was said
in Jest, but IL is believed that 1t more
nearly expressed the situation than any
previous alleged authoritative announce
ment The committee agreed that impof-
tant amendments will not be voted on until
Friday of next week.
ostensibly the committee adjourned be-
cause Senator Tilman was suddenly taken
i'll with threatened 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 adjournment is believed
to be the attitude of certain democratic
members In not disclosing their positions
on the court review feature. Neither re-
publican faction In the committee was GER
tain OF the outcome and a vote therefore
was not insisted upon today. Supporters
of the house bill were encouraged. how
ever from a telegram received today by
Chairman Elkins from Senator Cullom ask
ing to be counted against amendments to
the Hepburn Dolliver bill If vote were
taken today.
Vote 20 Increase Commission.
without taking up the question OF ju-
diciali review of orders of the commission,
the commission considered many amend
ments offered to other sections of the
house bill. Senator Carmack offered an
amendment increasing the Interstate Com
merce commission from five to nine men,
bers This amendment was adopted by a
vote of six to five as follows:
Anirmative-Elkins, Adrich, Kean, Car
MEGA sSs.sE aSs SraSs pclver cIapp Nc
Laurin and Newlands.
1t was agreed, however. that Messrs.
Culom and Tiilman may have their votes
recorded on this amendment and this may
change the result, though this is not be-
lieveb likely.
Another amendment offered by Senator
Carmack to fix the liabilities of common
carriers. railroad and transportation com
panies for negligence. was adopted unani-
10 the bin as n new section, The amend
ment is as follows:
That any common carrier, railroad or
transportation company receiving property
TO a point in another state, shall issue a
receipt or bill of lading therefor, and shall
be liable to the holder thereof for any loss;
damage or injury TO such property caused
by the negligence OF any common carrier,
railroad or transportation company. TO
which such property may be delivered or
over whose line or lines such property may
pass, and no contract. receipt, rule or reg
rlation shall exempt such common carrier,
railroad or transportation company from
the liability herein imposed; provided, that
ntsns nodsn Of s such sT receipt or b Of adns
any remedy or right Of action which he
now has under existing law.
That the common carrier, railroad or
transportation company issuing such re-
ceipt or bill of lading shall be entitled to
transportation company through whose neg
ligence The loss, damage or injury shall have
been sustained the amount of such loss,
damage or injury II may he required 20
pay 10 the owners of such property"
Several amendments were suggested pro-
vidlng for both inclusion and exclusion of
express companies and proprietary cars un-
der the bill, but no action was taken SEN
ator Foster desires that express companies
shall be included and gave notice that hc
would call for a vote such amend
ment at the next meeting OF the commit
tee. There was also number of amend
nents offered to section / OF the Hepburn
bill on the subject OF what is known as
Joint routes.
Knox May Propose Amendment.
No amendments were offered at the ses,
sion today which had any bearing on the
court features affecting rates fixed by the
commission 1t has been said that Senator
Knox will prepare amendment on thai
subject acceptable to the president, but thi.
eOtalA he ,a1 Co. "a
rich. who represents the faction seeking tC
amend the bill does not credit the report
nor does Senator Dolliver. who is seekins
TO have the bill passed without amendment
on that subject.
senator Spooner has plan relating tC
the adjustment of differences between tn,
Interstate Commerce commission and com
mon carriers respecting rates. but he Is no
ready to make the details public. This plar
provides that when a common carrier pro
tests against a rate fixed by the commission
and seeks restraining order the common
carrier may be compelled 10 pay into tn,
courts, weekly or monthly, amounts equal
ing the difference between the rates estab
lished by the railroad and fixed by 9th,
commission. These payments are to be hel,
by the courts pending the review and re
turned to the railroads In the event tn,
commissions order was declared unreason
upheld the money held by the courts woul,
be paid. not to the shipper. but to the pro
ducer Of the commodity shipped. Senato
Spooner has not perfected the plan to hi
own satisfaction but he is devoting a grea
deal OF thought 10 it. II is said that tn
supporters OF the house bill would not op
pose an amendment of that character 10
the reason that Il does not suspend tn
operation of the commission In fixing rate
and would tend to discourage frequent ap
peals
Both republican factions express the be
lief that Attorney General Moody Is tn
presidents chief adviser on the subject o
pending railroad rate legislation. and he /
opposed 90 any amendments looking to tn
retrial OF any case after the commission ha
Investigated q rate and corrected Il n foun
TO be unjust or discriminatory.