Daily press. [volume] (Newport News, Va.) 1896-current, 1908-05-02
RoAes CAN'T SEPARATE INTERESTS
Claims Thas II is impossible foo
Roads at Present, Because Of the
Hard Times. to Sell Their Mines or
Any Plants in Which They Are
Interested.
Cry Associated PresS)

" ASHiNGiON, ID. c., May l.
La" in the session OF the Senate
today Senator Elkins succeeded in
getting consideration for his reSclu-
ton TO suspend The operation of the
commodity clause OF the railroad
rat" law. which clause became effpc.
'iv" today. Under the operation of
this clause. railroads will h. liable
10 heavy fines if they undertake to
haul interstate commerce any articles
or commodities. produced from manu-
fa'~tulcS or mines i'm which he rail
roads have an interest The rail.
roads contend that they have had in
sufficient time to divorce themselves
from the ownership Of such proper
lies. or to test the cOnstitutionaiiiy
Of 4 law compelling them 10 dispose
OF such property interests. The reso-
luton originally proposed TO extend
The time for the commencement o!
the operation of the commodity clause
until March l. 1910. but the in
terstate commerce commission chang
I'd the date to January 1. 1910.
When the measure was called up
several days ago 1t went ever. under
objection from NJ -Calberson.. the
minority leader of the Senate. but II
was taken up today by vote Of the
Senate.
Mr.. Culberson had refused unanf
nous consent and he was first recog-
nized 10 speak against the resolution.
He said that the committee had given
no reason why the extension shonld
be- made and he called upon Chair
MN Elkfns for an explanation.
Senator Eikins Argument.
LIr. Elkins answered that the con-
diiionS OF the country demanded a
delay in the operation OF the law:
that the railroads have been unabl"
TO find capitalists to take over the
coal lands owned by the roads.
For this situation he blamed tn.
recent panic. and he said that had
il not been for this money shortage
and business depression the rail-
roads would have been able TO com
ply with the law. He called atten
zion 10 the fact that the bill did not
repeal the law but only suspended il
1emDorari!y.
The Lackawana and the Reading
railroads were especially chartered
by states to own coal lands. the sena
tor said. and he showed that the pro
pertics were mortsaged and remcrt.
sascd and that difficulty had been -A,
perienced in separating these Old
CATIONS. Other railroads owning
coal lands were in the same position
he declared.
Mr.. Nelson said il appeared that the
attitude Of the railroads was aSains:
compliance with the law and to liti
gate as to the power Of Congress to
enact surh legislation. He express
cd the opinion that the railroads wer'
not entitled 10 any special considera
ton.
Mr.. McCumher construed the com
modify clause Is net preventing inc
railroads from owning mines. from
mining the coal or selling the produce
Of the mines. Pc said that the Goa
could 10 sold az the mine 10 indie
PENDENT operators VINO coIiid shiT
coal wherever they plea I'D and there
would ~ no violation Of the law. Mr.
Warren said that such transaction
would be a perfectly patent evasion Of
Tho law.
Mr. NcCumbcr admitted that q
acaI a. this charartEr nigh; 10 oper
IN susnicion hut he believed there
vonh be no technical violation Of the
law
Senator Eikins was permitted u
,orfcc, his ~ solution in accordarc'
with recommendations from toe com
ni;,ce and the ia'crS:a;e commerce
commission.
Many Amendments oHereo'
large Iumbnr Of anrndmcn''
rerr offered TO the rssoiI;io" VIZ
sutton offered. an amendment redHir
inc the railroads TO keep OF hie AZ
,cbeauicg. Including jcini rates VT
Foraker p-cvEouSi? had introdnced az
,rsodmeut a. a substitute for ih'
..aoIu,;on which provided that ih'
.ommoSiiv clause should not 10 re-
,,o,ctivo or in other word would no
.,,.aI n railroads having prodnci
:, r,;res or mannfaciuries whH'
80 ovusa NJ the rtads a. tho TIM
-. Law vas passed. MT. Heyhuri
-. an amendment to the TeSoiu