The Montgomery advertiser., 1906-02-17
BOTH SIDES
 ARE IN DOUBT Afrd of Vote on Court Review Feature. cULLoM SENDS A TELEGRAM
 --s--- Message Encourages Friends of the
 Hepburn Measure. Amendment offered by senator Car mack Adopted by Close Vote in
 the CommIttee--spooner
 working on Plan. 

heard as many opinions on the Rall- road Rate question as there are mem bers of the committee, and each man is afraid. to bring the court review feature to a vote" said Chairman El- kins today when the Senate committee on Interstate Commerce adjourned un- til next Thursday without having talk ep vote on a bill or considered a.. amendment for judicial review of or ders of the Interstate Commerce Com mission.
 This statement was made in the pres ence of Senators Deliver and Ciapp. who are contending for the Hepburn bill in the form that it came from the House. It was said in jest, but it is believed that 1t more nearly expressed the situation than any previous alleged authoritative announcement The committee agreed that important amendments will not be voted on until Friday of next week.
 Ostensibly the committee adjourned because Senator Tillman was suddenly taken i'll with threatened pneumonia and could not be present and because Senator Cullom will return from Flori- da some time next week and cast his vote in the committees. The real req son for adjournment Is believed to be the atti aide of certain Democratic members in not disclosing their posi- tions on the court review feature. Nell ther Republican faction In the corn- mittee was certain of the outcome and a vote therefore, was not Insisted upon today Supporters of the House bill were encouraged,' however. from tele- gram received today by Chairman El- kins from Senator CulIom asking to be counted against the amendment of the Hepburn -DolIiver bill if a vote were taken today.
 Amendment Adopted.
 Without taking up the question of Ju- dicial review of orders of the commls- sion, the committee considered many amendments offered to other sections of tie House bill Senator, ,Carmack offered an amendment increasing tho Interstate Commerce Commission from i've 10 nine. This amendment was adup- tS q 5y ya4e okseix to i've as follows;
 firmative-Elkins, Aldrich. Kean, carmack, Foster and Crane.
 Negative---ForakSr Deliver, Ciapp, McIAurin and NewIands.
 Ii was agreed, however. that Messrs Culiom and TiIlman may have their votes recorded on this amendment and this may change the result though this is not believed likely.
 Another amendment offered by Sena tor Carmaek to fix the liabilities or common carriers, railroad and trans portation companies for negligence was adopted unanimously and will be in- corporated in or added to the bill as a new section. The amendment Is as fol- lows:
 That any common carrier, railroad or transportation company receiving property for transportation from point in a State to a point in another State, shall issue g. receipt or bill ct lading therefor and shall be liable to the holder thereof for any loss, dam age or injury to such property caused by its negligence or of any common carrier, railroad or transportation com panies to which such property may be delivered, or over whose line or lines such property may pass and no cons tract receipt, rule or regulation shall except such common carrier, railroad or transportation company from the H. ability herein imposed, Provided that nothing in this section shall deprive the holder of such receipt or bill of lading from any remedy or right of ac- tion under existing law.
 Entitled to Recover.
 That the common carrier, railroad or transportation company issuing such receipt or bill of lading shall be enti- tied to recover from the common car. rier, railroad or transportation com pany through whose negligence the loss, damage or injury shall have been sustained, the amount of such loss, damage or injury as 1t may be required to pay to the owners of such prop erty."
 Several amendments were suggested providing for both inclusion and ex- clusion of express companies and pro- prletary cars under tho bill, but no action was taken. There was also a number of amendments offered to Sec tion of the Hepburn bill on the sub ject Of what Is known as joint rates.
 No amendments were offered at the session today which had any bearing upon the court features affecting rates fixed by the Commission. It had been said that Senator Knox would prepare ble to the President. but this rumor could not be confirmed. Senator Aid rich, who represents the faction seek ing to amend the bill, does not credit the report nor does Senator Deliver, who is seeking to have the bill passed without amendment on that subject
 Senator Spooner has plan relating to the adjustment of differences be- tween the Interstate Commerce Com mission and common carriers respect ing rates, but he is not ready to make the details public.
 Money to be Held UP.
 This plan provides that when com fixed by the Commission and seeks q restraining order the common carrier may be compelled to pay into the courts weekly or monthly amounts equaling the differences between the rates es- tablished by the railroad and fixed by the Commission. These payments arc to be held by the courts pending the review and returned to the railroads in the event the commission order was declared unreasonable. If the Com missions order should be upheld, the money held by the courts would ba maid. not to the shipper but to the pro- ducer of the commodity shipped
 Senator Spooner has not perfected the plan to his own satisfaction. but he is devotlng a great deal of thought to 1t. It is stated that the supporters or the House bill will not oppose an amendment of that character for the reason that 1t does not suspend the operation of the Commission in fixing rates and would tend to discourage frequent appeals.
 Roth Renuhliran factors express the