The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-19
Vote in The Senate is PraCji-
caHy Unanimous
MORGAN AND PETTUS VOTE NO
Senator Rayner Discusses the Presl-
dents Connection With the Bill
and Holds Him to Task
Lack of Firmness.

i-hhH VI EiItIUCSS.
Washington. May 1S.-After seventy days
os almost continuous deliberatlon the Sen
ate today at 1853 p. IN. passed the railroad
rate bill by the practically unanimous
vote of Il to 3. Three negative votes were
cast by Senators Foraker. republican. of
Ohio. and Morgan and Pettus, democrats
of Alabama There was an almost general
sigh of relief among the senator's.
The bill has received more attention
from the Senate and from the country at
large than any measure that has been
before Congress since the repeal of the
purchasing clause OF the Sherman act in
1898. 1t was reported to the Senate on Feb
ruary 26, and was made the unfinished
business on March 10. From March Il to
May the bill was under general discuss
sion without limitation on the duration of
speeches, fifty-eight of which were delv-
cred.
For twelve days the bill has been under
consideration under rule limiting
speeches to fifteen minutes each. The de-
bate has at all times been earnest and
animated, but for the most part devoid of
personality as between senators the past
few days, however. having called out
some caustic criticisms of the President.
and of some newspaper correspondents by
Senator Bailey.
In addition to passing the bill the pro-
ceedings today consisted in concluding the
consideration of the amendment as such,
and the delivery of a number of speeches
on the bill. The only amendment adopted
was the one offered yesterday by Senator
Teller eliminating the words "in its judg
ment' from the power given to the inter-
state commerce commission to fix rates.
Teller Amendment.
When the railroad rate hill was taken
up today the Senate resumed considera-
ton of the Teller amendment striking out
of the provision giving to the interstate
commerce commission the power to pre-
scribe rates the words '1n its Judgment -
Senator Daniel made the first speech on
the Teller provision, taking the position
that the presence of the words ''in its
judgment would not have the effect of
Vitating the bill as had been considered.
lie declared that neither the presence nor
absence of the words could affect the
measure. ''If, as he said, "the words are
retained, the commission will have ex-
pliclt authority to do what 1t must neces-
sarily do if they are omitted
He said that as far back as 1924 Chief
Justice Marshall had interpreted the right
of Congress to delegate its power and the
rule then laid down had been followed
I'm nnumerable cases. He also referred
to the recent opinion Of Justice Brewer in
the Michigan tax case, saying that in that
case the justice had used words which his
own sense of propriety had led him to
withdraw. He added that n further consult
tation of Justice Brewers decision would
do much to set right the minds of those
so fond of catching at such trivialities as
an opinion that was never delivered
Spooner's Doubt.
Senator Long also advocated the reten-
ton of the words.
Senator Spooner expressed doubt as to
the wisdom of the provision
"If." he concluded, cit was left to me
as a lawyer to say whether the words
should be retained. ! would not dare take
the responsibility of leaving them in"
Senator Fulton advocated the retention
o fthe words.
Senator Morgan would have the words
stricken out because they east doubt
on the bill.
Senator Lodge said there had been no
understanding that would bind him to
keep the debatable words In the bill and
an understanding or no understanding, he
wanted the words stricken out. "lf the
words remain and the law is declared un-
constitutional the people will declare 1t
a fraud and Congress would be held re-
sponsible." he said.
The amendment was adopted 80 to a.
Senator Mallory moved the substitution
of the words ascertain and declare for
the words determine and prescribe" in
the rate making provision, but the motion
was voted down. 21 to Al.
The clerk was permitted to read the
amendments, covering ten pages, without
interruption and 1t looked as II he
might proceed to the end when Sena-
tor Lafolette offered an amendment per-
mitting railroad companies to grant passes
to the officers of the Railroad Employees
association. The amendment was adopted
after only brief delay.
Senator Carter opposed the amendment
in the interest of small roads to the pro-
visions prescribing a penalty for false en-
tries in the acts of the railroads He
proposed to strike out the provision re-
quiring railroads to keep only such books
as prescribed by the commission.
TiIIman's Charge.
Senator Tillman opposed the amendment
as fatal to the prohibition against rebates.
Senator Tillman said IL was evident that
unless the words prohibiting the Keeping of
private memoranda and books were re-
tanned the "rascalty and thieyery' shown
by the reading Of the disclosures against
the Pennsylvania railroad cannot be
stopped He charged that the Interstate
commerce commission investigation shows
that the pennsylvania is permeated with
rottenness from Cassett down. Bribery
given and rebates and determinations
have been shown to be practiced." In the
midst of the charge he was notified that
his time had expired.
Senator Carter's amendment was then
rejected.
At1:45 p. m. the reading of amendments
was concluded and after announcing the
third reading of the bill, the chair asked,
shall the bill pass?''
There were, however some general
speeches to be made and the passage was
deferred.
After the Senate concluded the third
reading of the railroad rate bill, Senator
Rayner took the floor to discuss the gem
eral aspects of the measure. His speech
dealt mainly with the Presidents con-
nection with the legislation and was large
ly personal throughout.
Mr. Rayner said he was firmly of the
fconvfnsied n, Seventh psoaN