The Birmingham age-herald., 1906-05-10
Prohibits Railroads from Ehg
 ing in Mining of Goal
ADOPTS DRYDEN AMENDMENT
Senator Tlllman Appeals to the Senate to Act and Says the People Will Hold Them Accountable for
 Dllatory Action.


 prompt stoday in resuming consideration of the Elkins coal amendment to the rail- road rate bill prohibited interstate rail- roads from engaging in the production of coal or other commodities. The vice president announced the amendment of Senator Dryden to the EllSins provision to be Tn order That amendment eX- tends to July. 1911. the time when the provision shall go into effect Several senators made objection that the time suggested was too remote, and MT. Dry den altered the date to July. 1909. A roll call was promptly ordered. and re- suited in the adoption of the amendment A to %.
 The action of the Senate in accepting the Dryden provision was promptly fol- lowed by motion by MT. Hopkins to re- fer the entire coal production subject the Elkins amendments and the amend ments to tito the committee on inter- state commerce. He supported the mo- ton with a brief speech
 Senator Bailey nado the point of order that there was no authority for commit ting an amendment to a committee, and on a vote the motion was declared out of order, 20 to 4S.
 A substitute for the Ekins amendment covering the same subject in different way, which was presented by Senator McLaurin, was then declared to be in order. Mir Hale moved to lay the sub stitute on the table, and Senator Aldrich made a point of order against it. The point had the effect of forcing the Mis- sssippi senator to withdraw his provis- ion but in doing so he announced his Intention to reraw it 4p case of defeat of tho .,5si.ins amendment.
 At this point the question as to the effect of yesterdays vote on the right of the Senate to lay amendment on the table until the agreement, under the 15-minute rule was raised. some senators contend ing that 1t was sweeping and others that 1t was applicable only to the question then before the Senate. The point was not decided and for time the considera- ton of the bill was continued.
 McCumber Substitute.
 The McCumber substitute for the Elkins amendment introduced yesterday was next taken up.
 Senator Ekins then submitted modifi- cations of his amendment. whereupon Sen ator McCumber withdrew his substitute saving the notifications rendered the FL kins provision acceptable. As modified the Elkins amendment provided that the provision should not go into erect be- fore May 1. 1909. If the time is postponed longer than two years the proposition will not get a vote on the democratic side of the Senate" answered MT. Bailey, and the West Virginia senator changed the date 10 1908. Mr. Gallnger and MT. Hop- lxins made objection to that change
 MT. Culberson suggested a substitute TOT the modified proposition, supporting II with A speech Senator Bailey opposed his colleagues proposition because he declared 1t undertook to prohibit the production of commodities in the states. "If Congress can do that the power of the federal gov ernment is greater than has ever been dreamed of" he declared.
 Senator Carter opposed the entire propo- sition because of its antagonistic effect upon the copper industry in his state.
 He also complained of the inclusion of all "commodities'' in the amendment, say ing that as 1t was directed at abuses Tn the coal DuSliesS it oHOuiu oc eoi''iiiSo to that industry.
 Senator Daniel opposed the Culberson substitute, but at the same time expressed the hope that there would be legislation on the coal carrying subject.
 TIllman Wants Action.
 Senator Tillman spoke of the difficulty of getting a vote and of the slow progress that Is being made Some one suggested that he should again move to lay the amendment on the table, but he said that once having been run over, he did not want to take the chances of another ca 'tastrophe of that character. Moreover, he wanted the Senate to act.
 of it. does not do so.'' he said, ''it will look as If we lacked either the scense or the courage necessary. We may just as well understand that if we dodge the question the people will hold us to ac- count. I appeal to the Senate to act.'
 The Culberson amendment was voted down. II to 62. The question recurring on the Elkins amendment. Senator Bacon contended that it would meet the demands of the situation.
 Senator Bailey found fault with the pro visions that 1t was not sufficiently sweep ing but said that at the same time he thought 1t went as far as Congress was now willing to go.
 A vote was taken on the Elkins amend ment as modified by its author and it was adopted by a. vote of e to 6. the six negative votes being cast by Messrs. An keny. Bulkeley. Clark Wyo), Willard, Pettus and Warden.
 The provision is in the language of the original McLaurin substitute and is as follows:
 .From and after May 1, 1908. 1t shall be unlawful for any common carrier to trans port from any state, territory or district of the United States to any other state. territory or district of the United States or to any foreign country, any article or commodity manufactured. mined or pro- duced by it. or under It's authority. or which it may own in whole or in part, or in which 1t may have any interest, direct or indirect. except such articles or com modities as may be necessary or used in the conduct of it's business as a common carrier"