The Washington herald., 1908-05-23

The Elkins resolution suspending the
penalties under the commodity clause OF
the rate law has been killed, for TIE
present session Of Congress. at least
The resolution came up for eonsidera-
ton as the unfinished business" at ?
o'clock yesterday Senator Foraker, Of
Ohio, whose absence on account Of i'll
ness has postponed the consideration Of
the measure from day to DAY. was pres
ent. prepared TO press his substitute pro-
viding that the clause should apply only
TO those commodity producing properties
acquired by the carriers since the pas
| sage of the rate law.
The Ohio Senator succeeded In getting
| a vote on his substitute after nearly two
hours OF debate, but it was rejected by
vote OF 32 to %, All the Democratic
| Senators who voted recorded themselves
against il, and fifteen Republican Sen
ators completed the total of adverse
votes. The following Republicans re-
corded their votes in the negative: Ali
son Of Iowa. Borah of Idaho, Brown Of
Nebraska, Burkett Of Nebraska, Carter
OF Montana. Curtis Of Kansas, Dixon OF
Montana. Flint Of California, Gamble OF
South Dakota, Hopkins Of Illinois. La
/ Toilette Of Wisconsin, Long OF Kansas
/ Nelson Of Minnesota, Perkins Of Cali
| fornia, and Warner Of Missouri
La Toilette in His seat.
Senator La Toilette, OF Wisconsin, who
has been iii. left his home to come 10 the
Senate yesterday. He has had g stand
/ ing notice in the Senate that he was to
be summoned if the resolution should
come up. After the vote on the Foraker
substitute. Mr. la Toilette told his Re
/ publican colleagues frankly shat he had
no intention Of allowing the resolution TO
come to vote at this session He was
not in the best Of physical condition, but
/ the reading clerk was ali right, he sug-
gested, and he would supply enough mat
/ ter bearing on railroads 70 keep the Sen
/ ate reader occupied till the session ad-
/ journs. II necessary. Senator Al0rlch
agreed that no action would be taken
on the resolution in the absence OF Mr..
/ La Toilette. and with this assurance the
y
no expectation that he would again be
summoned TO the Senate on account or
/ the commodity clause resolution.
Beveridge InieetE Old Issue.
The debate in the Senate took a wide
range. Several times Mr. Foraker, who
controlled the time. warned Senators that
they were straying from the subject un-
| der consideration. and once the Vice
| President reminded them that they were
not in line with the matter before the
Senate. But the debate was preclpitated
by Senator Beveridge. who held that the
power which the Constitution gives Con
gTess to regulate commerce between the
States is exactly the same as the power
the government exercise in regulating
commerce with foreign nations.
Senator Foraker pronounced this an
academic" issue, but before Mr.. Bev-
eridge had concluded he had aroused the
reserve force Of the constitutional law
yers OF the Senate
Mr.. Aldrich hurried from the Senate
chamber, and came bask bearing vol
ume Of Supreme Court reports 70 prove
that Mr.. BeyeTidge was wrong. Mr.
Carter Of Montana, Mr.. Knox Of Penn
sylvania. Mr. Sutherland Of Utah, and
Mr.. Fulton. Of Oregon. contended that
the power exercised in the one case was
not equal to that employed in the other.
Knox Quotes Lottery Case.
Mr.. Knox quoted the decision in the
lottery cases 10 show that wherever the
Federal government had excluded any
article from interstate commerce it was
not under the power to regulate com
merce," but on the ground that the ar
ticle was noxious and its exclusion was
in the interest Of the public health or
public morals. Finally Mr.. Sutherland
came forward with a dissenting opinion
Of Chief Justice Fuller. drawing the
distinction between the powers
The general contention Of the Senators
who took issue with Mr. BeveTidge was
that the government acted as sovereign
10 regulating foreign commerce, but ex-
ereised delegated and limited powers
In dealing with interstate commerce.
Child Labor Bill Involved.
The real point involved in the debate
was not the commodity clause. but Mr..
Beveridge's child labor bin, which seeks
to exclude from interstate commerce
certain articles of child labor production.
This added a spice to the debate TO per-
sons who appreciated just why the con-
stitutional lawyers were so suddenly
stirred to action.
When the colloquy ended Mr.. Beve-
ridges adversaries were rather impatient
because he would not admit that he was
vanquished, but he calmly informed them
that their quarrel was with the supreme
Court, and not with himself.
Senator Foraker opened the discussion
by having the clerk read from the re-
ports OF the receiver of the Western
Maryland Railroad. showing that that
officer. acting under the direction Of the
Federal court, was continuing the busi-
ness of mining and carrying coal in in
terstate commerce, regardless Of the
commodity clause, but by order o. the
court was maintaining separate acc1rnts.
Says Courts Back Him.
Mr.. Foraker said that the incident
showed that even courts recognize that
the enforcement of the law would be
disastrous. especially to the anthracite
coal roads of Pennsylvania. which last
year shipped over 50,000,000 tons Of coal
out cf Pennsylvania.
He said that the proper thing TO do
was to amend the commodity clause as
enacted by making il apply only to the
properties acquired since the enactment
of the rate law. He lost, however. when
the amendment was voted on.
Symons Succeeds Mackenzie. :
Announcement will be made in the next
few davs of the apDointment of Col
Thomas ". Symons. Engineer Corps. to