Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-05-08
NOW IN AGREEMENT
Republican Senators Get To-
gether on Rates.
FORMAL STATEMENT MADE
Six Clauses in the Proposed Amend
ment.
ALLIS0N'S VIGOROUS PROTEST
Repudiated the Proposition That Bore
His Name-Notice Served on
the Conservatives.
VIGOROUS PROTEST

| Conferences in the Senate yesterday
| which resulted in positive agreement on six
| propositions to be incorporated In the ALT
| son amendment to the railroad bill
were ratified today at additional confer
ences of Senate leaders representing all re-
| publican factions. That there could be no
| further misunderstanding. this statement
for the basis of the agreement was pre-
| pared and exchanged:
Basis Of Agreement.
| THE Allison amendment is to compr,se
| six propositions:
! First the words. fairly remunerative.'
| in section of the bill are to be stricken
| out:
Second. the words. In its Judgment IN
| the same section. are to be retained
| Third, jurisdiction is vested In the United
| States circuit courts to hear and determine
| suits against the commission;
Fourth, no preliminary injunction or IN
terlocutory order is to be granted without
| hearing and notices:
Fifth, the application for preliminary IN
junction or interlocutory decree is TO be
! heard by three judges:
| Sixth. direct appeal from the inter-
| locutory order or decree to lie only to the
| Supreme Court Of the United States"
| Under the first and second clauses of the
| agreement the rate-makng section of the
| bill Will authorize the interstate commerce
| commission when. after full hearing. 1t
| shall be of the opinion that rates are I'M
| just or unreasonable, or unjustly discrlmi-
natory, or unduly preferential or pretudi-
cial. ito determine and prescribe what Will.
IN its judgment be the just and reasonable
| rate or rates, charge or charges. TO be
thereafter observed in such case as the
maximum to be charged.
The third clause is the original Allison
compromise amendment and simply confers
jurisdiction on the circuit courts to hear and
determine suits against the commission.
The fourth. fifth and sixth clauses place
certain restrictions upon the gra ;ititlp Of
injunctions and provide for the appeal from
such orders direct to the Supreme Court.
Stand Taken by Mr.. Allison.
Notice was served by Senator Allison on
the conservative forces. headed by Sena-
tors Aldrich. Spooner, Crane. Lodge Knox,
Foraker and others that he would not Of
fer any amendment that was not satisfac-
tory to his colleague. Senator Dolliver and
to Senators Cullom and Clapp who fought
against amendments to the House bin when
it was pending before the committee on in
terstate commerce
Ia
tor upset the former alleged agreement He
made no secret of his belief that advan-
tage had been taken of his illness TO at
tempt to force through amendment
Whlch was offered solely a basis for
compromise and not as full agreement of
the controverted questions When it was
made clear that Senator Allison did not be-
lieVe the amendment to which his name
had been given would reach all of the uues-
tions. negotiations were reopened and the
fnal agreement on al of the points in
VOWED was reached at the conference last
night. which was attended by Senators
Aldrich. Carter. Knox, Cullom Crane Full
ton, Hopkins and Spooner
Last Questions to Settle.
The questions which needed final adjust
ment at the conference were those relating
to section of the bill. retaining the words
in Its Judgment and striking out of the
words fairly remunerative," and that re-
lating to the number of judges authorized
to hear an application for interlocutory or
der OF preliminary Injunction Ii was de-
tetmined originally that the Bacon amend-
ment should he adopted. This would pro-
vide for hearing before two judges Later
1t was decided to apply the expediting act
passed to facilitate action under the Sher-
man antitrust act. to hearings on applica-
| tons for such preliminary DEGREES or or.
derS. The action of the conference was
agreed to today by Senate leaders repre-
senting all OF the disputant factions
Ownership of Coal Mines
Discussion OF the Elkins amendment to
the railroad rate bill was resumed in the
Senate today. This amendment proposes
to prevent interstate carriers from owning
| and operating coal mines or dealing in
commodities which they transport
Senator McCumber offered a substitute
for the Elkins amendment which he
claimed to be simpler. while accomplishing
the same purpose.
Senator Dryden opposed the EIkins pro-
vision, saying that if it should be accented
without fixing a time for it to go into effect
every household in the country yo,Id ha
injuriously affected by it. He said il would
take time TO adjust the coal industry TO the
provision.
Senator Teller also criticised the pro-
vision. saying that Congress had no author
ity to prohibit railroad companies from
mining coal or producing other articles.
Congress must, he said. content itself VIII,
regulating commerce, not in attempting to
control production.
incidentally, the Colorado senator referred
10 the rumor of an agreement among re-
publican senators for a compromise on the
court review feature of the bill, and he
was about to outline amendments which
he said ne had been Informed Senator All-
son would offer. but before he could do so
time was called on him and be took his
seat
Senator Dick also objected to the E,lkins
amendment, saying tIat IL aHected so many
interests that ii was in Itself quite as Inn
portant the question of rate making
Defended by Elkins
Senator Elkins defended the provision
saying that the railroads should be held to
doing the business for which they were in
corporated, and that 1t had been prepared
TO meet a generally recognized evil. He
had not preceded far when his attention
was called to the fact that he had spoken
yesterday on the provision, and he was
taken off the floor. Notwithstanding he de-
clared that he must speak to some thing"
The legal aspects of the amendment re-
ceved the attention of Senator Knox, who
called attention to the fact that the Su-
preme Court had never ATTEMPTED to inter-
fere with the policy of any state in the
development of its industries and then de-