The Montgomery advertiser., 1908-05-02
MAY SUSPEND COMMODITYL Senator Elkins' Reso- lution Is Considered. CONVENTIONS OF RAILROADS Conditions of Country Demand De-
 lay in Operation of Law. Senator EIl<ins Explained that His Measure Did Net Repeal Law
 But only Temporarily
 suspenaed It.
CONVENTIONS OF RAILROADS

Washington, May 1.---Late in the ses- sion of the Senate today, Senator El- kins succeeded in getting considera- tion for his resolution to suspend the operation of the commodity clause of the railroad rate law. which clause be- came effective today
 Under the operation of this clause. railroads would be liable to heavy. fines if they undertook to haul in interstate commerce. any article or commodities. produced from manufactures or mines in which the railroads have an inter- est. The railroads contend that they have not had sufficient time to divorce themselves from the ownership of such properties. or to test the constitution ality of law compelling them to dis pose of such property interests. The tend the time for the commencement of the operation of the commodity clause until May 1, 1910. but the Senate Interstate Commerce Commission changed the date to January l. 1910.
 When the measure was called up. several days ago. 1t went over under objection from Mir. Culberson. the min ority. leader. but 1t was taken up to- day by a vote of the Senate Mir. Culberson had refused unanimous con- sent and he was first recognized to speak against the resolution. He said that the committees had given no req sons why the extension should be made and called upon Chairman Elkins for an explanation. Mir. Eilxins answered that the condition of the country de- mands delay in the operation of the law; that the roads have been unable to find capitalists to take over the coal lands owned by the roads. For this situation he blamed the recent panic, and he said that had 1t not been for this money shortage and business depression, the railroads would have been able to comply with the law. He called attention to the fact that the bill did not repeal the law, but only suspended Rit temporarily.
 The Lackawans and the Reading g Railroads were specially chartered by States to own coat Iarskss the Senator said, and he showed that the proper ties were niortgaged and remortgaged and that dificnlty had been experience ed in separating these obligations. Other railroads owning coal lands were in the same position. he deelared.
 Mir Nelson said that 1t appeared tnas the attitude of the railroads was against compllance with the law and to litigate as to the power or congress to enact such legislation.
 So long as the railroads undertooh to attack the validity of the laW' ne 
 declared. congress was under no ool- gation to favor them
 Senator Elkfns was permitted to per feet his resolution in accordance wi1n recommendations from the committee on Interestate Commerce Commission | A large number of amendments were | then offered to the resolution. MT Foraker had previously introduced an | amendment as a substitute for the resolution which provided that the
 commodity clause should not be retro tractive. or in other words, would not
 apply to railroads hauling productS 1 of mines or manufactures which were owned by the railroads at the time | the law was passed.
 MT. Hepburn offered an amendment
 to the resolution which provides thai | railroads shall not charge a greater ! tariff for a short haul than for a Ions | haul. All of the amendments were or
 dered printed and the resolution wen | over