New-York tribune., 1906-05-08
PROGRESS ON RATE BILL,
ANTI PASS AMENDMENT.
fr. AAsOn's Demand Granted
May Offer Compromise TO-dou.
IRON me Tribune Rur,,,

IRON me Tribune Bureau
washington. May THE senate .o-a,,,
amended the Hepburn bin 40 a. 20 -. !. .
.Fnisdemeanor. punishable BY sDe 30 -. -.
44han Sl00 nor more than $1,000 for any r.;,,,o. !
engaged In interstate commerce to give ,,o..os
tfrse tickets or free transportation 10 am, 49,
except officials and employees OF the road clo,--,
amen and inmates OF charitable INSTITUTIONS
Material progress was made toward an 90.
nent on all the important amendments. q, az.
4 the prospect Of the bill being amended sna
passed by Republican votes has materially i'm
proved When Senator Allison arrived at the
Capitol this morning, having practically re-
covered from his recent indisposition - ,ro.
found that he was disposed to exact from +be
conservative Senators as a condition OF offar-
ing his compromise amendment i that nro-
vision be made in the Hepburn bin which
would render it impossible for less than two
judges Of the Circuit Court to grant a tempo-
Eagy injunction or interlocutory decree and that
s the retention OF the words in its Judgment q
contained in Section u, be insured.
For a time the leaders were materially dis
turbed by the demand that further conditions
should be prescribed as a part OF the compro-
mise. but some deliberation has apparently dis
posed Of these obstacles. A careful canvass re-
vsale6 the fact that the Hepburn bill already
contains provision bringing suits instituted
under its authority within the purview OF the
so-called expedition act OF February IL 1903
which prescribes that cases under it shall be
heard by not less than three judges of the Cir
cult Court When this fact was demonstrated
% the senior Senator from Iowa. he saw that the
provision he had advocated was unnecessary
and waived that point
Mr. ALLISON MAKES A CONDITION.
Senator Allison was also disposed to demand
the Incorporation in the bill OF the Overnan
amendment, providing that not less than five
days notice shall be given to the defendant in
g suit brought under the act before the issu-
ance OF a temporary injunction This .xoint he
waived. however. on the agreement of the con-
ssrTstive Senators to retain the words 'in its
judgment" These words occur in Section Is
wherein It is provided that the Interstate Com
nerce Commission, having found the rate
charged by a common carrier TO be unjust,
shall determine and prescribe what viii. in its
Judgment. be the just and reasonable and fairly
'1enaunerative rate or rates"
In the opinion OF many Of the ablest LAWYERS
n the Senate the inclusion Of the words 'In
Us Judgment constitutes a delegation of legis-
latiFe discretion TO the commission and will
menace the constltutionaIity OF the most i'm
portant section OF the bill Senator Dolliver
however. has determined that the words shall
DC retained and. having failed in every other
contention, he refused to yield this point. so
that Mr.. Allison decided to respect the views Of
MS colleague and make the retention Of the
objectionable words a condition OF offering his
amendment and carrying through the cornpro-
mise programme. The conservative Senators
'lssIy yielded the point although with grave
mis- glVfngs as to the effect on the constitution
alEty q the bill. and they viii make no further
Effort TO eliminate the words.
When Mr.. Allison left the Senate early this
afternoon it was with the understanding that he
would offer his amendment tomorrow or
Wednesday.
HITCH OVER ELKLNS AMENDENT.
The kaottiest problem which remains to be
solved Is that in the Ellons amendment. consid
ef'alloh o. which was in progress when the Sen
ate adjourned This amendment provfdes thai
u snail be unlawful for any common carrier en-
sasea IN interstate commerce to engage directly
or indirectly in the production 1nanufacture
buying, furnishing or selling Of coal or coke or
any other commodity, in competition with any
shipper or producer onJ5ts line or lines WbiIe
on its face the amendment appears TO be ilst
ana reasonable. 4 was pointed out by Senator
Iiilman that there weBs many instances wbere
railroads had constructed lines into sparseiv
settled districts for theexpress purpose Of trans
porting coal. lumber and ether commodi+ias
from lands which were. o p-ned bV the road 49,
no roads would have hesn constructed in +bssa
hFcuohS encept Tor the possibility OF the COM
panys mining its own coal cutting its c,l-,
timber, etc, and that had this amendment been
- force these roads would never have been
Dult Many other Democratic Senators spG
some Republicans oppose this provision a.
bound 10 work grave hardship in the less SET
Yea poruons Of The country. It viii be OBJ
served Of course. that the provision APPLIES orv
70 roads doing an interstate business, 50 that il
TOT only has no terrOrs for roads maintained
Nholly within a single state. but would give
ulern material advantage over cornpetitors
whose lines extend into other states The
fTlysrh IL
pate and the ultimate solution of the problem
IS IN coubt Before adjournment to- night five
Ineut
The Senate adopted to-day the Culberson sub
sLtute for the Foraker amendment prohibiting
tne granting Of rebates. passes drawbacks or
special rates 10 passengers on railroads, and also
prohibiting discrinjnaJions in the way of accom-
nloaations where equal rates are paid The
southern Senators Immediately saw, or believed
they saw, IN this menace 10 the Jim Crow
laws which prevail in most Southern states. 1t
called out warm protests from Mr.. Bacon, Mr..
Money, Mr.. .Culberson, and other Southern Sen
etors- Mr. Money declared that ne would not
support the rate bin with a provision which
raises the race issue. Mr.. CulbersOn also con-
tended for the elimination Of that question, and
offered substitute accomplishing that result.
which was adopted Dy a vote OF - TO 30, twelve
republicans voting with the Democrats.
Before taking Up the Foraker amendment the
Kittredge amendment relative TO private cars
was voted down.
After the adjournment OF the Senate Senators
Aldrich. Knox Carter, Hopkins. CullOm, Fulton
and Crane met IN Mr.. Aldrich's committee room
The conference lasted nearly an hour, and at
Its close Senator Aldrich said that the bill would
be passed with Section left just as IT came
from the House. one Of the arguments that
accomplished this result was the action or sew
Eral Senators in pointing out that Senator knoXs
rate bin authorized the commission TO rX rates
Rhich "in its judgment were just and reason
able. and that the same language 'apleaFeu ia