Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-05-18
IN THE SENATE.
CONTINUED from Page One.)

The provision prohibiting common car
riers from transporting articles of their
own production was agreed to.
Iafollette secured the addition Of a
penalty clause to the provision requiring
railroad companies to put DIN switches and
supply cars TO shippers.
TIE amendments to Section 9 dealing
with railroad tariff schedules were all
accepted without discussion and t looked
for a time as if the entire section might
he disposed of veery speedily, until Lodge
sought to have the words knowingly ard
wilfully' inserted In connection with the
penalty for granting rebates or dscrimi-
nations in favor Of any shipper. The
amendment precipitated debate.
This controversy took the shape OF
discussion of the efficiency of the I'M
prisonment penalty for violation of the
interstate commerce law, and was partlci-
pated by Foraker, Lafollette. Clarke.
Ark. Gallinger, Knox. McCumbsr and
Bailey.
The Lodge amendment was accepted
and the provision was agreed to after the
acceptance of a suggestion by Stone max
ing the penalty clause explicitly applica-
BILE to shippers az well az carriers.
McCumber presented a substitute for
his provision imposing a penalty for ac-
cepting rebates amounting to three times
the amount received, emitting the irnpris
onment penalty. The substitute was ac-
cepted.
When Section a. granting authority to
the interstate commerce commission to
fix rates, was reached, Tillman asked
Allison for his opinion as to the rroprie
ty Of retaining the words Sin its judg-
ment' in the clause empowering the com
mission to prescribe Just and reasonable
rates. The Iowa senator replied that he
was convinced that 1.-The words constitute
an essential part of the BILL Tillman
salad he had been informed that the
clause would render the bill unconstiIu-
tiOnal. He thought the provision uncon-
stitutional. Dolliver defended the Ian
guaga.
Knox quoted his own rate bill, saying
that the language used IN it was intended
to apply to the question of n court re-
view. He had, he said, submitted the bill
because he had been gratuitously arrang-
ed as n railroad senator. His clerk had
put the bill together and had used the
words "in its Judgment and he had not
discovered the fact until after the meas
ure was in print.
II want it emphatically understood
he went on, that If i'll comes to the pro
posed law on account of the insertion of
the words, / do not want to be held re-
sponsible for their presence" He advis-
ed striking the words out. He quoted
Supreme Court Justice Brewer in support
of his contention.
In response to a question by DOllver,
Knox said that even without these words
the provision authorizing the commission
to determine and prescribe rates" is
mot free from doubt
1T is n close question" he continued
"nnd you are trimming too close to the
other side when you weigh the bill down
with this discretionary power"
Bailey expressed the opinion that tho
words mean nothing. or If they accom-
plish anything they will prove fatal tC
the bill
Bailey expressed the conviction that tht
railroads wanted the bill made valid be
cause they realize that it is probably the
miIdest law that they are liable to get.
Foraker pronounced the clause "a mere
iugglery OF Words and he commended
that it was legally essential whether
the words IN Its Judgment are retain
er or not, except that he was sure tina
the retention Of the words would he con
strued as the Senate's own condemnation
of the measure. II regard the law as un
constitutional" he said.
With Teller's motion to strike out th'
words lin its Judgment" still pending
the Senate adjourned.