Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-05-18
RATE BILL AGAIN AMENDED
Senate Spends Entire Day in Discussing
Measure by Sections,
ABOUT HALF OF IT IS COMPLETED
Provision Giving Commission Power
to Fix Rates Attacked as
Unconstitutional by sew
eral Senators.

ator Batley's version of the effort to secure /
an understanding between the democratic /
senators and the president on the terms OF
the railroad rate bill. and In presenting 1t
he included the memoranda Of Senator ,
Chandler 10 the president on which the /
charges Of bad faith against Mr.. Bailey /
had been predicated. The Texas senator 1
again arraigned his critics in sharp /.
language
With the exception Of Mr.. Baileys d. I
zression the entire day was devoted to
review by the senate Of the amendments
made IN committee of the whole, and COW /
cred somewhat more than half Of the
measure. There was a prospect Of conclud-
ing the reading until the section granting
10 the Interstate Commerce commission
power 70 fix rates was reached, and the
question of constitutionality OF that pro
vision was raised. The attack was made
on the clause giving 10 the commission
discretion in the power Of prescribing rates
and long debate ensued The question
was still under discussion when the day
came to a close. The clause was sharply
attacked by Senators Teller, Knox and
Foraker Mr. Knox expressed doubt
whether the bill would he constitutional
even with the discretionary power omitted.
and it was Sir. Foraker's conviction that
II would not.
There was again considerable debate over
the pipe line. rebate and anti-pass amend
ments and also Of the amendments pro-
hibiting common carriers from transporting
articles produced by themselves All Of
these and other less important provisions
were modified.
Bailey Replies to Critics.
Senator Bailey revived the scene Of
yesterday by having read a letter he had
written TO ex-senator Chandler asking him
for anything he had written the president
concerning himself and replies from Chand-
ler including a copy OF Chambers diary,
giving a history OF his movements on the
day when a certain memorandum was sent
| to the president. Senator Bailey quoted
! from the New York Tribune and charged
the paper in its Washington correspondence
with modifying its lies
He referred to the report that memor-
andum was circulated among democratic
senators. This he denied, but he charged
that the president yesterday showed the
memora ndum to a republican senator and
| a republican member of the house. He said
! that the Chandler memorandum inlpugned
! no bad faith to him. nor even to the rail-
( road senators.
, Senator Bailey declared that the presi-
dent did not doubt his (Bsileys) good faith
because three days after the memorandum
the president, through Chandler, asked him
! to confer with the attorney geenral on the
subject.
Mr. Bailey took up the reply of the Chi
cago Tribune correspondent to his denunci-
alton yesterday and said that it did not
meet the situation. He quoted from It
and intimated that the assertions the cor
respondent made were based on information
obtained from the president some one
near him. Senator Bailey said that he had
been charged with being impetuous, rash
and dictatorial. but no one had or could
charge him with doubt dealing When such
a charge was made he would brand across
the forehead OF the man making the chareg
the word liar in order that he might be
known and Stunned of all men"
AntI-Pass Provision Amended.
The anti-pass provision was then taken
up and a new draft by Senator Culberson
was adopted in place of the amendment
adopted yesterday The only charge made
was in phraseology, and all the classes
specified yesterday were excepted. The
provision was still further amended at
the instance of Senator Hansbrough so
as to make the penalty apply to persons
asking and accepting passes well as
to those granting them. The penalty IL
q fine of from 500 to $4,000.
Senator Dolliver moved to add travelling
secretaries OF the Young Mems Christian
association and the amendment was ac-
cepted Senator Hale then moved to in.
clude base ball and foot ball players.
and Senator McLaurin widows and or
phans" Both were voted down amid
laughter The amendment, as modified.
was then finally accepted.
The provision prohibiting common car
! oF h,.r
own production was then taken up and
after some changes in phraseology the
amendment was agreed to, There were
several efforts to extend the time when
the provision shall go into effect, but they
were unsuccessful Senator Stone made
an inenectuRl effort to have pipe lines
excepted and Senator Piles made several
efforts 20 have the provision apply only
to common carriers, whose principal busi-
ness is that Of common carriers.
Switches and Care.
Senator LaFollette secured the addition
; OF penalty clause TO the provision re-
quiring railroad companies to put in
p switches and supply cars TO shippers.
, The amendments to section 2 dealing
with railroad tariff schedules. were all ac
cepted without discussion. and II looked
for time as II the entire section might
be disposed OF very speedily until Sen
! ator Lodge sought TO have the words
knowingly and wilfuly' inserted ia con,
nection with the penalty for granting re-
bates or disseminating In favor OF any
shipper. The amendment precipitHted de.
bate This controversy took the shape OF
, discussion Of the efficacy of the imprison,
ment penalty for violation Of the inter
state commerce law and was participated
in by Messrs Foraker, LaFollette, CIarl
(Ark). Gsllinger, Knox, McCumber anl
I Bailey.
e The Texas senator suggested that If IN,
- penalty against both carrier and shipper
. should stand the government would nm,
% itself without witnesses t1 the prosecution
T o. Offenders. Mr. McCumber declared tha
- the great trusts are the principal Grim
- inals in the rebate matter" The Lodg,
y amendment was accepted and the pro
vision was agreed 70 after the acceptanc,
4 Of suggestion by Senator Stone makins
p the penalty clause explicitly applicable =,
2 shippers as well carriers.
p Senator MCCumber presented "a subs-itut,
2 for his prov sion imposing a penalty fo
3 accepting rebates amounting 10 thre,