Arizona republican., 1906-02-17
A JEST BY ELKINS
 FILLED WITH FACTS
Illustrative of the Tangled Condition of
 Railroad Rate Legislation
The Only Present Certain Thing is ThBt no Action Will be Taken by the Senate Interstate Commerce Committee Before Next Friday

Washington. D. C.. Feb. 16.-"We have heard as many opinions on the railroad rate question as there are members of the committee and each man is afraid to bring the court re- view feature to a vote" said Chairman Elkins today when the senate commit tee on interstate commerce adjourned until next Thursday without having taken vote on bill or considered an amendment for judicial review of the orders of the interstate commerce com mission.
 This statement was made in the presence of Senators Deliver and Clapp, who are contending for the Hepburn bill in the form that it came from the house. It was said in jest, but it is believed that it more nearly expressed the situation than that of any previous announcement. The com mittee has agreed that important amendments will not be voted on un- til Friday of next week.
 Ostensibly the committee adjourned because Senator Tillman was suddenly taken i'll with what threatened pneu- monia 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 belIev- ed to be the attitude of certain demo- cratic members in not disclosing their position on the court review feature Neither republican faction in the com mittee was certain of the outcome and a vote therefore was not insisted upon today. Supporters of the house bill were encouraged, however from a tel egram received today by Chairman FL L. t., I.a counted against the amendment to the Hepburn n-DOlliver bill if a vote were taken today.
 Without taking up the question of the judicial review of the orders of the commission, the committee con sioered many amendments offered to other sections of the house bill. Sen atOr Carmack offered an amendment increasing the interstate commerce. commission from five to nine mem bers. This amendment was adopted by a vote of 6 to ,, as follows: Af- irmative-Ell1ins, Aldrich, Kean. Car mack Foster and Crane. Negative Foraker. Deliver. Clapp, McLaurin and Newlands. It was agreed however. that Messrs. Cullom and TiIlman may have their votes recorded on this amendment and this may change the result, though this is not believed likely
 Another amendment offered by Sen atOr Carmack to fix the liabilities of common carriers, railroad and trans pOrtation companies for negligence was adopted unanimously and will be in corporated in or added to the bill as new section. The amendment is as follows: That any common carrier railroad or transportation company re- ceiving property for transportation from point in one state to a point in another state, shall issue receipt or bill of lading therefore and shall be liable to the holder thereof for any losses, damages or injury to such prop cry by it's negligence as any common carrier, railroad or transportation com pany to which property may be deliv- cred or over whose line or lines such property may pass and no contract, re- ceipt rule or regulation shall exempt such common carrier, railroad or trans portation company from the liability herein imposed.
 Provided, that nothing in this sec tion shall deprive the holder of such receipt or bill of lading from any re- medy or right of action he has under existing law.
 "That the common carrier, railroad or transportation company issuing such
  titled to recover from the common carrier. railroad or transportation com pany through whose negligence the loss, damage or injury as it may be required to pay to the owners of such property
 Several amendments were suggested providing for both the inclusion and exclusion of express companies and proprietary cars under the bill. but no action was taken. Senator Foster de- sires that express companies shall be included and gave notice that he would cal for a vote on such an amendment at the next meeting of the committee. There was also a number of amend- ments offered to section one 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. It 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 AL drich. who represents the faction seek ing to amend the bill, does not credit the report nor does Senator Deliver, who is seeking to have the bill passed without tkc amendment on that sub ject.
 Senator Spooner has plan relating to the adjustment of differences be-