Omaha daily bee., 1908-05-02
ELKINS IS FOR DELAY
Senator Calls Up Resolution PostpOn.
= ing Operation Of Commodity Law.
RAILROADS ARE NOT READY
Urges that Time Was Too Short to
Straighten Legal Tangles.
NELSON AGAINST CONCESSION
Says Attack on Validity of Law Bars
Them from Consideration.
MANY AMENDMENTS OFFERED
After EEtended Debate Question Goes
over JntU Monday, when New
Resolution VIII BE
Presented.
MANY AMENDMENTS OFFERED

WASHINGTON. May 1.-The time OF the
senate was taken up Tor two hours today
with a speech by Senator jeff Davis OF
Arkansas. asking that the committee on
the judiciary be discharged from further
consideration Of his bill for the suppression
OF trusts The remainder of the day was
given over to the consideration OF a resolu-
tiou by Senator Eikins suspending until
January 1. 1910 tho commodity clause Of
the Hepburn railroad rate law. The resolu-
ton provoked so much debate and so many
amendments were offered dealing with
other phases Of the railroad legislation that
the whole matter went over until Mon
day. tomorrow being given over to eulogies
for the late senators from Florida. In the
meantime the senate leaders hope to per
feet resolution that can be agreed upon
ext Monday.
Frhe commodity clause under the provls-
IONS Of the Hepburn bill went into effect
today and railroads therefore which haul
interstate commerce products of mines or
manufacturers in which the carriers are
Interested. liable to maximum fines OF
$500 for each offense. The Elkins resolu-
tions proposes to give the railroads twenty
months additional in which to divorce
themselves from these properties. on the
ground that the financial condition OF the
country has been such that the railroads
have been unable to find buyers and to
settle such questions of joint ownership
as are involved In mort cages covering both
the railroad property and mining or manu-
featuring property. Mr.. EIkins used this
argument in pleading for the adoption OF
his resolution. Several senators, notably
Messrs Culberson and Nelson, argued that
the railroads had not assumed an attitude
that entitled them to consideration. With
the whole subject unsettled and many
amendments pending. the senate. at 4:2s
p. m. adjourned
EIkins Calls Up ResoIutIon.
Late in tic session Of the senate today
senator Elkins succeedsd In getting consid-
Grafton for his resolution to suspend the
operation Of the commodity clause OF the
railroad isfe law. which cause became
effective TODAY. When the measure was
called ny several days ago It went over
under ohieet'on from Mr. CuIbersun mi
nority leader. but IT, was taken up today
BY vo,e o f,hc senate. Mr. Cuiberson
had ref'sed unan nous consent and he was
first recognized to speak against the reso-
htlon. He said that the committee had
givcu 70 reason why the extension should
be made aud called upon Chairman Elkins
for an explanation Mr.. Elkins answered
that the condition Of the country demands
a delay IN the operation OF the law thai
the railroads have been unable to find cap
italists to take over the coal lands owneC
by the roads. For this situation he blamed
the present panic and he said that had q
not been for this money shortage and bust
ness depression the railroads would have
been able to comply with the law. H,
called attention to the fact that the bill
did not repeal the Law. but only suspended
. 1t temporarily. The Laekawanna and tn,
Reading railroads were especially chartered
By states 10 own coal lands, the senator
said and he showed that the propertie,
were mortgaged and remortgaged. ans
that the difficulty had been experience,
with these obligations. other railroads
owning coal lands were in the same condi
tion. he declared.
Nr. Nelson's Objections.
Mr.. Nelson said il appeared that the al
ttude OF the railroads was against com
pliance with the law and to litigate as &
the power OF congress to enact such legis
Iation. He expressed the opinion thai tn
railroads were not entitled to any specis
consideration. SO long as they undertake L
attack the validity OF the law. he declared
congress was under no obligation 10 fsvo
them.
Mfs MGAlIAbel construed Ahc NODlEnuQlA
clause as not preventing the railroads fror
owning coal mines. from mining the cos
or selling the product OF the mines. II
said that the coal could be sold at tn
mine to independent dealers. who eoul
ship the coal over the railroad whereve
they pleased. and there would be no vic
Iation OF the law.
Mr.. Warren said that such a transactio
would be a perfectly patent evasion Of IN
law.
Mr. McCumber admitted that a deal {
this character might be open to suspicion
but he believed there would be TO technics
violation Of the law.
Many Amendments OHered.
Senator Elkins was permitted to perfe'
hts resolution in accordance with recon
mendations from the committed and Intel
state Commerce cOmmission. A large nun
Der OF amendments were then offered
the resolution. Mr.. Fulton offered a
amendment requiring the railroads to kes
on file AL schedules. including joint rate
Mr.. Foraker previously had introduced a
amendment as . substitute for the resor
tion which provided that the eommodii
clause should not be retroactive or in 9th,
words. would not apply 10 railroads hau
ing products OF mines or manufactur,
which we're owned ~ the railroads at n
time ;he law was passed.
AR. Hepburn offered amendment
the resolution. which provides that raj
roads shall not charge a greater tariff 4
q short haul than for long haul He sa
that the evils which have grown up und
the determinations have attracted the q
tention of the country and unless they .
needed legislators would hear from the
a. the next election. Az OF the amen
tlou vent over.