The Washington times., 1906-06-03

modification before it goes into effect
next January. or soon thereafter.
The striking out of the Jim Crow
car amendment that had been inserted
by the Senate was an interesting fea-
ture of the conference. There was
long and animated discussion of It.
Senator Tillman wanted IL to remain
in the bill and stuck for it long time.
At the same time Messrs. Hepburn and
Sherman. of the House conferees. wanted
the provision stricken out which re-
quires five days notice and a hearing
before a court may suspend rate or
regulation of the commission.
Traded "Jim Crow" Provision
Senator Tillman was still more in
favor of retaining this provision, which
many have believed absolutely neces-
sary to the effectiveness Of the bill.
Finally a trade was made Tiliman
agreed to give up the Jim Crow
amendment, and the others agreed TO
let the five days notice amendment re-
main in the bill. So it was arranged,
and so it comes from the conference.
Even the pipeline amendment was
strengthened. The Senate had included
these within the jurisdiction of the com
mission. under a loosely drawn amend
ment that satisfied nobody. The CON
ferees changed it to read:
The term common carrier as used
in II is act. shall include express COM
panies ana all persons or corporations
engaged in the transportation Of oil by
pipe line, or partly by pipe line and
partly by railroad or partly by pipe line
and partly by water
The Standard Oil Company thus be-
comes a common carrier.
And when IL came TO the anti-rebate
section the cOnferees again added
strength TO the act. The Senate bill
provided that any person who snould
in person or by agent. "willfully and
knowingly accept rebates. should be
subject to prescribed penalties. The
conferees struck out the "willfully and
knowingly" which leaves it necessary
10 prove only the acceptance OF the re
bates, without reference to whether it
was done willfuIly and knowingly. This
amendment WAS not adopted without a
long discussion ana much opposition,
and It Is said by the friends of the
legislation to be of great Importance.
'In Its Judgment" Stays Out.
In it's judgment" the phrase used in
the House bill and stricken out by the
Senate, by way of comforting discretion
on the commission in fixing rates. re-
mains out OF the bill. the House accept
ing the Senate amendment Fairly re-
munerative," used to describe the '-jusr.
reasonable and fairly remunerative
maximum rate" which the commission
is empowered to establish, also goes out,
the Senate winning again. The objection
10 this phrase was that Just and rea-
sonable" has been repeatedly given ju-
dicial construction, while the addition OF
fairly remunerative" brought in a new
and unconstrued phrase.
Ouce more there was a long disagree
ment over the Senate amendment that
fixes the responsibility for damages TO
goods in transit, when they are sent
over a Joint route, on the carrier first
accepting them. and giving that carrier
right Of recovery from the one on whose
line the damage actually occurred But
the House yielded and the amend ment
remains in the bill. 1t will greatly
simplify the matter of collecting dam
ages by shipping.
Commission Membership Seven.
TIE House bill provided for increas-
Ing the commission from five to seven
members, at $4,000 a year. The Senate
struck this out, but in conference per
ylitted return to the House provision.
This makes the membership Of the COM
mission seven, and raises the salary
from $500 to $4,000 a year. The amend
mcEt retains the present commission in
office. and provides that the President
shall name two new men, to take office
January l next. Not more than
four Of the commissioners shall be OF
one political party.
The House accepts the Senate amend
ment which requires that carriers shall
not also be producers OF commodities
which they ship.
To the Senate amendment requiring
the filing with the commission OF all
joint rates and through routes. and
their publication. the conferees added:
IF no joint rate over the through
route has been established the several
carriers in such through route shall file.
print, and keep open to public inspection
as aforesaid, the separately established
rates, fares, and charges applied to the,
through TRANSFORMATION"