The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-06-01
GOOD PROGRESS ON RATE BILL
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orniglun Nv anrart ihr Senate amendments
1hs stumbling hiBub - ths drHand NJ TIE
psst ~ ths Hoaar ounfarres that the WORKS
sfslfly feinunernflvr.s wlioh wefe IN Tho
H0uws bHl usri ~ qualify tho character
u q rate 10 br ntod ny The Interstate tom.
mefce Commission. In lou ~ uns adjudged
~ IN unjust M unreasonable, should bs
fystored Thesn wptta vere rrt uut u
tbs Bill In N" senate
Another Disagreement hingUu uton tho
words 'in ie judgment . which wcrc tho
subject ~ q SHARP constitutional dphate In
the Senate after Tho bll had lcpn cumpleted
IN chs oommittoe NJ the wbnle and was being
ognsidcrcd In tho Sonata proper for amend
msnts Senators Knox, Spooner. Foraker
and other able lawyers took the view that
these words might render tho bin uncohsci-
~tutional. Tho House oonfercsa contend
that II vas q rart 81 tho senate compromise
agreement that these words were Co remain
In tho bill. They arc insisting that ~ a
matter 81 good faith they ought to be re-
stored.
The words "a employed In tho House hill
conferred q discretionary power on the
Interstate Commerce Commission In the
matter Of rate making. which tho oousti-
tutional lawyers In the Senate insisted
amounted 20 a delegation Of legislative
power. Senator Allison. who fatherod the
compromise amendment, made a strong
defence Of these words in the debate which
ended with their omission from the bill.
After tho bill had passed the Senate
II was generally understood that the friends
Of the House measure did not attach very
great importance to the words and would
not insist on their restoration in confer
enoe. But IL appears that Senator Allison
has stifened the baokbones of the House
oonferees and they are now unwilling to
yield them.
There Is some controversy over the clause
Of the bill which includes the slee ping car
companies and express companies as
common carriers. Ii is altogether likely,
however, hat this clause will remain in
the bill.
Senator Elkins, chairman Of the Senate
Committee on Interstate Commerce and
one Of the conferees, is trying to put into
the bill an amendment offered by him in
the Senate, as a substitute for some matter
now In the measure, requiring trunk lines,
on application, to build spurs and other
extensions, This legislation is. designed
Virginia. Up to this time the other con-
forces have shown no disposition to accept
Senator Elkins's view. There is a question
also in the minds Of the conferees whether
such matter would not amount to new
legislation, and therefore be beyond the
powers of the conference committee.
A delegation of prominent negroes. led
by Judson w. Lyons, former Register of
the Treasury, waited upon Senators Elkins
the Foraker amendment relating to 'equal
accommodations, which had reference TO
the Jim Crow lines in the South. should be
omitted from the bill. But when Senators
lElins and Cullom brought the matter up
later in the conference committee they
found Senator 1illman making a very de-
termined fight for what he insisted was
the rights of our Southern colored breth-
rem and he showed no disposition TO yield
the amendment. 49,.
Mr.. Tillman is having his little Joke at
the expense Of the Republican Senators
over this amendment. II was proposed by
Senator Foraker, withdrawn and afterward
~resubmitted by Senator Warner Of Mis-
souri,, with some notifications, but it Is
popularity known as the Foraker amend
ment." II is commended by the negroes
that it officially sanctions the use OF Jim
Crow" cars and suggests the adoption OF
Jim Crow cars in the North.
1t is understood that the anti-pass amend
ment, put into the bill on motion Of Senator
Culberson of Texas, has been the subject OF
serious consideration by the conferees and
has caused them some embarrassment.
They regard it as a poorly worded piece of
legislation, although they are in sympathy
with the object sought to he attained. It
has been practically agreed to rewrite the
amendment, retaining the substance but
changing the form.
1t looks now as if the Senate couferees
would yield to the House on at least
one point, namely, That the membership of
the Interstate Commerce Commission be
increased to seven, as was provided by the
House bill, and that the salaries of the COM
missioners be raised from 81, 500 to / 1000
per year. Generally speaking, the measure
when it comes to conference will probably
In the main he the Senate bill.