The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-05
Takes Up Rate Bill Amendments
Under Is Minute Rule
BUT LITTLE PROGRESS MADE
Presidents Message Is Presented and
Laid on the Table-Senator Till
man Wants to Know
"Where He Is At"

washington, May AIN accordance With
the agreement of last Monday the SEN
ate today entered upon the consideration
of amendments to the railroad rate bill
under the 15-minute rule, but made little
progress. The greater part of the day was
devoted to Mr.. Lodges provision bringing
pipe lines within the terms of the bill,
and it was ultimately unanimously agreed
to after amending it as to exclude gas
and water lines from its operation, thus
| practically conhning it to oil lines. There
were two roll calls, but neither was or
| Importance as on accepting the amend
ment there was no division whatever.
| while the action taken on the other, on
the question of confining the provision
of oil lines, was practically nullihed by
| the subsequent elimination of gas and
water from the amendment. The provision
was SO amended as to make 1t applicable
| to the oil pipe line in the Panama canal
zone.
proposition by Mr.. Foraker to eX-
| clude refrigerator cars from the require
| ments of the bill and another by Mr.
| McCumber making the requirements con-
| cerning those cars more stringent than
| in the original bill were impartially voted
| down.
Message Is Read.
The Senate began its session today by
listening to the reading of the Presi-
| dents message on the transportation OF
oil.
Whether the conservatives or radicals
| have won a victory Is question that is
not disturbing either faction. The agree
| fc poOa ride IL
| tical. 1t Is believed that now practically
| the entire republican strength of the
| Senate Will be cast for the bill, whereas
| under the long continued enstrangement
| II was conceded that 1t would require
| minority endorsement to pass the BILL
| and the democratic party would be IN a
| position to take full credit for II.
| Despite the attitude of republican sena-
| tors not to discuss the subject of victory
or defeat, friends of the House bill when
| charged with surrender to the conserva-
| tive forces in Defense are pointing TO
| Senator Longs speech on the bill. In that
speech the Kansas senator said:
| 81 do not object to an amendment au-
! thorizng suits to be brought against the
, commission and comforting jurisdiction
upon the United States courts sitting In
| equity to hear and determine any such
| suit"
! 1t was stated today that Senator Long
/ spoke for the friends of the bill and they
pointed out that the agreement now
reached Is in exact accord with the sug-
| gestion made by him.
| The agreement does not take into con-
sderation the several pending amend
ments providing for non-suspenson of the
| orders of the interstate commerce COM
mission. Thus far provision of such
| character has not been offered by any re-
| publican senator 1t is known that several
| of the majority senators believe with Sem
ator Bailey that such an amendment
would be constitutional. but the agree
ment on the court review feature it Is
| said, precludes beyond the remotest pos
| sbilty the adoption of a non-suspension
| provision.
| Amendments to Bill
Under the agreement reached in order
| to confer jurisdiction. there must be two
| amendments to the bill The first Is to
| section Is of the Elkns' bill. it will
be amended by the House bill. The bill
! provides that the rate fixed by the COM
mission shall remain In force unless set
aside or suspended by a court of compe-
tent jurisdiction and the agreement pro-
poses to add these words: I'm a suit
brought against the commission
| IT has the effect merely to recognize
| the right of the carrier to bring a suit
against the interstate commerce commits
! sion. The other amendment will be to
section 16. The bill provides that suits
may be brought in any district where
| the defendant carrier has Its principal
| operating officers" and 1t is proposed to
add these words: "And jurisdiction to
hear and determine such suits is hereby
| conferred on such courts Circuit
| courts)
| On motion of Mr. Foraker the message
| was ordered to lie on the table. In making
| the motion Mr.. Foraker said 1T covers
nearly all the questions under consdera-
ton In connection with the pending bills"
| This action was followed Immediately
| by the adoption of resolution offered
| by Mr.. Culberson directing the Secretary
| of Commerce to forward to the Senate a
| copy OF the full report of the commits
| sloner of corporations. summary of
| which was only transmitted in connection
with the Presidents message.
J The railroad rate bill was then taken
| up under the unanimous agreements for
the consideration of amendments under
| the rule to permit speeches of five min
| utes' duration.
| Mr.. Bailey was the first to address un-
der the new order. He announced the
| abandonment of his amendment excluding
| express companies as among the corpora
| that he did so because of his greater in
terest in other amendments.
Mr. Lodge then formally offered his
amendment defining pipe lines as COM
mon carriers and making the provisions
| of the bill applicable to them. As pre-
sented the provision was made applica-
! BILE to pipe lines used In the "transporta-
! ton of oil or any other commodity other
than natural gas or water used for mu-
nicipaJ purposes"
Mr. Foraker urged that pipe lines for
| private use should be exempted and a
| debate of considerable duration ensued.
| Messrs Foraker. McCumber, Fulton, Till
| man, Culberson, Frye. Lodge and others.
participating. Mr.. Tillman urged that all
! Interested pipe lines should be regarded
as common carriers and be compelled to
accept commodities from all producers.
At Mr.. Frye's request a letter from an
unnamed place in Pennsylvania complain
/ ing that the acceptance of the amend
! rnent would be ruinous to the business
| Of small producers was read.
After the Senate proceeded for an hour
| or more under the restriction of the fif-
|