The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-06-11

but I could not endorse this recon-
mendation of the president. I believed
the Bailey amendment was unconstitu-
made by the commission that IS con-
fiscatory can be continued IN force
permanently. The proposition con-
tanned in the Bailey: amendment was
that such confiscatory order of the
commission should be permitted to
confiscate the property of the railroads
until the courts should set them aside
on the final hearing. Otherwise stated,
it proposed to 1egalize the temporary
confiscation of property while declar-
Ing against the permanent confsca-
ton. 1t was defeated by a vote OF 20
yeas to 81 nays; I voting against 1t.
Democratic senators like Bacon. Gull
berson, Daniel, Morgan, Newlands,
Pettus and Talliaferro voted against
this amendment on the ground that 1t
was unconstitutional. Senator Culber-
son made a speech against it. voted
against Incorporating this provision
into the law for believed 1T would be
declared invalid. In his message OF
1905, President Roosevelt modified
this part of his recommendation and 1t
| then met with my cordial support.
Notice in Injunctions.
This is the CHARGE
1.-TWO pages later on Senator Culber-
sons amendment to prevent the rail-
hearings, without giving the commits
sion chance, Wall street desired TO
give no one but the railroacs hear
ing in injunction cases, SO Long voted
no. with Wall street, =
The vote on this proposition is
found on page 6674. The measure was
defeated by a vote of 20 yeas to SO
nays. voted against 1t for the reason
that a similar provision had peen IN
corporated in the Allison amendments
a c11O0oSfinn and insist
ence, and with that amendment adopt
ed it was unnecessary to put this into
the bill.
The Bacon Amendment.
This is the charge:
1.-TWO pages later Long voted against
the Bacon amendment, which proV1d-
ed that injunctions should not De
granted against the interstate COM
merce commission unless two judges
one circuit judge-should be present.
circuit judges and Long voted with
Wall street against protecting the
people,
This vote is four instead of two
pages later and is found on page 1878;
it was defeated by vote of "a yeas
a similar provision had been incor-
porated in the Allison amendments,
which provided that no Injunction
should be issued except when heard by
three ClICull III CllCQltS WAOi 2
there were three or more circuit
judges; and where there were less
than three, then by two circuit judges
and one district judge. There was no
necessity for this amendment after
the Allison amendments were incor-
porated in the bill.
The Clarke Amendment.
This is the charge:
ION page $685. Long voted against
the proposition to allow the interstate
commerce commission of Its own mo-
ton to correct unfair rates. Wall
street desired to make 1t as hard as
possible to correct injustice and Long
voted with Wall street"
An amendment was offered by
Senator Clarke of Arkansas provid-
ing that the Interstate Commerce
might of its own motion institute in
termine them. This was not in ac-
cordance with the general provisions
of the bill, and its incorporation into
the bill would have seriously endan-
gered its passage. . I voted against
the propositions. believing the commits
| sion would have alb it could do to
hear and determine cases brought be-
| fort it on complaints by aggrieved
parties, which view has proved to be
correct 80
The Long Amendment
This is. the charge:
ION pages 66ek-6 Senators Longs
vote is recorded against giving the
commission power, except where II
violates the constitution or exceeds
| These are not the famous La
Toilette amendments They were
propositions offered by lawyers as
good as Long, and supported sin
cerely by honest men who desired to
correct abuses. But Wall street was
against them and Long voted as he
was expected to vote, when he was
elected by Wall street.
This amendment was similar to the
one I presented to the Hepburn bill
and which was known as the Long
amendment. This amendment was
abandoned after we agreed on the
Allison amendments. The Allison
amendments covered the whole Ques-
| ton and rendered the amendment
| which bore my name unnecessary
| This was the view of other senators
as we'll as myself and was also the
view of President Roosevelt, as il
| shown in his letter to Senator Allison
dent states that Attorney Genera
| Moody, Mr.. Root and Mr.. Taft agree
| that the Allison amendment accom-
| plishes the same purpose as the
| amendment which bore my name. The
! amendment was defeated by vote OF
| "a yeas to So nays.
| The LaFollette, McLaurin and Fulton
Amendments to the Hepburn Bill.
The charge is as follows:
$50 on page 6774 Long voted
against prohibiting judges to pas
| upon railroad questions from owning
| any railroad stock in roads they pass
| upon. And when Senator McLaurir
desired to limit the scope even Of thai
proposition, Long. again voted the
Wall street idea He also voted
against a law providing that wher
railroads introduced evidence in cour1
that they did not introduce before the
| commission, the commission should
be given a chance to pass upon the
| new evidence. This was to preven