The San Francisco call., 1906-04-07
ELK|NS CLASHES
WITH T|LLMAN
Sharp Exchanges in Senate
During Progress of the
Debate on the Rate Bill
NO DATE SET FOR VOTE
West Virginian Offers Many
Amendments and Declares
He Is Friend of the People

WASHINGTON, April SIN making an
effort to get the Senate to agree upon
date for taking vote on the railroad rate
bill, Tillman made the important state
ment that one week more probably would
exhaust the general debate on the meas
ure. He failed. however. to secure the
consent of Aldrich, who said that he
would not be willing to agree to vote on
the bill until it was more nearly perfect
ed than it now is
During the day there were three
speeches on the rate bill. The first of
these was made by Elkins, who, while
expressing the opinion that the situation
demands legislation, indicated many de-
fects in the pending bill. Gamble followed
in support of the bill, and Kean closed in
opposition. Elkins was frequently inter-
rupted and several spirited exchanges
marked the progress of his remarks.
No Senator being prepared to speak to-
morrow, the Senate adjourned until Mon
day.
Elkins announced at the outset his de-
sire to secure legislation that would Sc
cure to the people prompt and ade-
quate remedy for the evils, injustice,
abuses and wrongs of every kind prac-
tice.- by railroads, or in any way growing
out of their operation" but he said that
while he favored the pending BILL he
wanted to make it better and stronger.
He added:
/ stani first for the interests OF the people
OF my own State, and after that for the inter
ests of all The people of the United States. i
have no interest that can AFFECT my judgment
or prevent ilne doing my duty as a Senator as
l see 1t. My desire and highest purpose is to
secure and servo the. public interest. Because
Of my supposed interest in railroads, 1t Is
charged and believed that favor the railroad
side of this question. This has been so often
repeated that am sure that 1t will be par
donable if l say. IN justice to myself. that my
interest on the side Of the shipper Is ten times mes
that my interest in railroads is confined to
those in my own State.
PROPOSED AMENDMENTS.
He declared his principal objection to
the House bill to be that it does not go
far enough In remedying ihe evils and ex
pressed the opinion that, if enacted into
law, it would prove general disappoint-
ment. He said that he was in hearty
accord with the President on the subject
of rate regulation and then fndicated~t,ie
respects in which, according to his opin-
ion the bill falls short in accomplishing
all that should be accomplished by rail-
road legislation Among these were the
following: A prohibition against rail-
roads producing, selling or shipping their
own coal. and other like articles in COM
petition with other owners; requirement
that switches shall be built where needed
to accommodate business; requirement
compelling interstate roads to make con-
nections with connecting lines, and re-
quirement for the fair and just ais,44pu-
ton of cars among shippers
Commenting on these omissions. Elkins
made reply to the contention that they
could be covered by State legislation. He
said:
In the State OF West Virginia and nearly all
the States there has been legislation on these
subjects, but for many reasons the law is not
invoked. Now, in the first place, a shipper
single handed and alone, cannot afford to sue
a great interstate railroad. In doing so he is
bound to incur large expense and great delay
and is sure to incur the hostility of the great
through Inc, which may work irreparable in
jury to his interests.
CALLS BILL A DISGRACE.
After considering the question of court
review at some length Elkins announced
his conclusion in the following words:
First. that any legislation attempting TO
confer upon the Interstate Commerce Commits
sion the power to fx rates win be uneonstitu-
uonal. unless It prescribes the standard Of
charges which shall control and requires the
commission to conform thereto in fixing rates
Second. that any legislation attempting to
fix rates would be unconstitutional whose prac-
tieal effect is to deny TO common carriers the
right to invoke and obtain due time and the
protection of the courts, from being compelled
to transport persons or property at rates whien
There was a general discussion of the
West Virginia Senator's amendment re-
quiring proper distribution of the cars
of any given company, all agreeing that
such an amendment would be difficult of
enactment. Tillmans. was among the speak
ers who participated in this controversy.
During the progress Elkins referred to
the pending bill as Tillmans bill. Tillman
earnestly disavowed responsibility for the
measure, and Elkins responded:
You have got 1t fastened on you, with
alf>the disgrace attending it,
II repudiate the intimation that there is
any disgrace attached to an effort to Sc
cure reasonable rate bill.' responded
Tillman, and after he had entered some
what on his attitude Elkins replied that
Tillman had an undue idea of his respon-
sibility to the public He said that his an
tagonist acted as If he thought he carried
the people In his vest pocket and must
take them out every morning to assure
them of his continued protection.
SHARP REPLY By TILLMAN.
"Oh," responded Tillman. 'I hope the
Senator is not disgruntled because some
petitions have been sent me from his
State concerning railroad conditions"
Elkins declared that he was not in the
least troubled over the matter of the petit
tions, but added that he did feel disposed
to protest against Tillman's attitude as
the only friend of the people. He wanted
IT understood that he, too, was friend of
the people.
Elkins took occasion to say that he had
meant merely as a jest his remark that
the handling of the rate bill was dis
grace to any one.
II accept the apology" said Tfllman.
When Elkins had concluded Gamble Of
South Dakota spoke in favor of the bill,
predicting that failure TO Iegislate would
result in Government ownership of the
railroads.
Kean also spoke on the railroad rate
bill. declaring that Congress should not
exceed the authority granted by the con-
stitution in dealing with the question Of
commerce between the States. He de-
clared that the pending bill transcends
this authority, in that 1t provides for reg
ulation of commerce by the Interstate
Commerce Commission.
Congress pre- scribes nothing. orders
nothing, he said. ut delegates its own
authority, and as this is not authorized
the attempt necessarily will be futile.''
Tiilman made another Intellectual effort
to secure an agreement upon time for
taking a vote on the rate bill. He said
that so far as he had been able to learn
tha SET speeches would be exhausted Inv