Los Angeles herald., 1906-05-18
SENATOR BAILEY
SCORES ENEMIES
SAYS He WOULD BRAND THEM
AS LIARS
Railroad Rate Bill Amendments Dis
cussed, but Little Headway Is
Made-Many Provisions
Modified
By Associated Press.

BY Associated Press.
WASHINGTON, May 1.-THE senate
today received another installment Of
Senator Bailey's version Of the ef-
fort to secure an understanding be-
tween the Democratic senators and
the president on the terms of the rail-
road rate bill and in presenting it he
included the memoranda of Former
Senator Chandler to the president on
which the charges of bad faith against
Mr.. Bailey have been predicated.
The Texas senator again arraigned
his critics in sharp language.
With the exception of Mr.. Bailey's
depression, the entire day was devoted
to review by the senate of the amend
ments made in committee of the whole
and covered somewhat more than half
of the measure.
There was prospect of concluding
the reading until the section granting
to the interstate commerce commission
power to fix rates was reached and the
question of the constitutionality of that
provision was raised.
Long Debate Ensues
The attack was made on the clause
giving to the committee discretion on
the matter of preserving rates and
long debate ensued. The question was
still under discussion when the day
came to close.
The clause was sharply attacked by
Senators Teller, Knox and Foraker.
Mr.. Knox expressed doubt whether the
bill would be constitutional even with
the discretionary power omitted and
II was Mr.. Foraker's conviction that it
would not.
There was again considerable debate
on the pipe line, rebte and anti-pass
amendments and also the amendment
prohibiting common carriers from
transporting articles produced by them
serves. All of these and other less i'm
portant provisions were modified.
The anti-pass provision was then
taken up and new draft by Senator
Culberson was adopted in place of the
amendment adopted yesterday.
The only change made was in phrase
ology, and all the classes specified yes
terday Ware excepted. The provision
was still further amended at the in
stance of Senator Hansbrough, so as to
make the penalty apply to persons ask
ing and accepting passes as we'll as
thoSe granting them. The penalty is a
fine of from $100 to $1,000
Senator Dolliver moved to add trav-
cling secretaries of the Y M. c. A.
and the amendment was ACCEPTED.
Motion Provokes Laughter
Senator Hale then moved to include
baseball and football players, and SEN
ator McLaurin, widows and orphans.
Both were voted down amid laughter.
F11np 1nptn a..
finally accepted
The provision prohibiting, common
carriers from transporting articles of
their own production was then taken
up and after some changes in phraseol-,
ogy the amendment was agreed to.
Senator Hale made an Intellectual eff
fort to have his Philippine lines ex-
cepted and Senator Piles Made several
efforts to have the provision apply only
to common carriers whose principal
business is that of common carriers"
Senator La Toilette secured the addi-
ton of penalty clause to the pro-
vision requiring railroad companies to
put in switches and supply cars to ship
pers.
Lodge Precipitates Debate
The amendments to section 2, dealing
with railroad tariff schedules, were all
accepted without discussion and il
looked for time as if the entire section
might be disposed of very speedily.
until Senator Lodge sought to have the
words knowingly and willfully" in
serted in connection with the penalty
for granting rebates or discriminating
in favor Of any shipper. The amend
ment precipitated debate.
The Lodge amendment was accepted,
and the provision was agreed to after
the acceptance of suggestion by Sem
49,
explicitly applicable to shippers as we'll
as carriers.
Senator McCumber presented a sub
stitute for this provision imposing
penalty for accepting rebates amount
ing to three times the amount received,
omitting the Imprisonment penalty.
The substitute was accepted.
TilInnan Seeks Information
When section four, granting author
ity to the interstate commerce conn
mission to fix rates, was reached Sena-
tor Tillman asked Senator Allison for
his opinion as to the propriety of re-
tanning the words Sin his Judgment"
in the clause empowering the commits
sion to prescribe just and reasonable
rates. The Iowa senator replied that
he had consulted several lawyers and
was convinced that the words consti-
tute an essential part of the bill and
should be retained.
Mr.. Tillman said he had been in
formed that the clause would render
the bill UNCONSTITUTIONAL and he moved
to strike out the words "In his iudg-
ment," saying that he had not found
any one who could tell him what the
words mean.
Knox Makes Explanation
Mr. Knox quoted his own rate bill.
saying that the language used In 1t
was intended to apply to the question
of a court review. He had he said,
submitted the bill because he had been
gratuitously arraigned as railroad
senator and, desiring to show the con-
trary he had hastily presented bill
covering especially thecourt review
question His clerk had put the bill
together and had use the words 'in
his Judgment" and he had not dis
covered the fact until after the measure
was in print. 'I want it emphatically
understood" he went ON, that II III
comes to the proposed law on account
OF the insertion of those words 1 do
A.. u.