The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-01-07
SENATE COMMITTEE ACTS AD-
VERSELY UPON FULTON'S
RAILROAD BILL.
FORAKER'S VOTE DECIDES
Proposed Act Prohibiting Roads From
Increasing Freight and Passenger
Tariffs Without Due Notice Meets
Opposition but May Be Forced Be-
fore Upper House for Further Action

Washington, Jan. 6.-An adverse re
port of the senate on Senator Full
tons bill to prohibit railroads from
increasing freight and passenger rates
without due notice, was made toda!
by Chairman Elkins of the committed
on interstate commerce. The actor
anticipated message from Presiden
Roosevelt calling attention to the neet
for further legislation on railroad rates
as indicated by the recent decision OF
the supreme court of the United States
in the case of E. H. Hartman agains
the interstate commerce commission
The report by Senator Elkins was
made after two votes had been taker
on the Fulton bill at a meeting Of the
committee earlier in the day. Several
members Of the committee were absent
The senators opposing the bill OBJ
tanned authority to make the adverse
report after having procured the vote
of Senator Foraker, one of the absen-
tees. 1t Is expected that the presi-
dents message will be used as an ar
gument in favor Of taking up the Full
ton bill regardless of the report
against 1t, and Senator Fulton has CIV
en- notice that he will try to do so.
At the committee meeting there were
Senators Elkins, Aldrich, Kean, Dol
liver, Crane, Tillman, Foster, New.
lands and Taylor. Mr.. Aldrich moved
that the bill be reported adversely,
and Mr. Newlands moved as a sub
stitute that it be reported favorably
with an amendment that would leave
to the discretion of the interstate COM
merce commission whether a protest
against proposed increase of rates
should operate as stay until the rea-
sonableness of such increase had been
determined.
Tie Vote.
On Mr. Newland's motion to report
the bill favorably the ayes were Dol
liver Tillman, NeWlands and Taylor
and the noes, Elkins, Aldrich, Kean and
Crane. with Foster not voting.
A vote was then taken on Aldrich's
motion to report the bill adversely
and the chairman voted Senator Gull
lom by proxy in favor of the motion.
AS Mr.. Foster voted mo" a second tie
ator Foraker was opposed to the meas
ure and he was authorized to obtain
the latter's vote.
The Fulton bill was introduced a
year ago and its author constantly has
urged it's passage. It provides that no
change shall be made in rates except
after 80 days notice to the Interstate
commerce commission unless the COM
mission allows less notice. Railroads
are prohibited from receiving any COM
pensation for passenger or freight
transportation other than that stated.
The penalty for violation is a fine of
not less than $1,000 or more thar
100000 for each offense, and the same
penalty is made to apply to the receiv-
ing or granting Of rebates.
Presidents Message.
The presidents message on the Har-
riman difficulty follows:
1.-THE recent decision Of the supreme
court of the United States, in Harri-
man versus the interstate commerce
commission, seems to render advisable
further legislation in the way of
amendments to the existing law
commerce commission, so far as the
congress has constitutional power to
do so, the authority claimed for 1t in
the case recently decided against it by
the supreme court. Mr.. Justice Day
in determining the dissenting opinion
concurred in by Mr.. Justice Harlan
and Mr.. Justice McKenna, says in
part:
1.-THE function of the investigation
which congress has conferred upon the |
interstate commerce commission is one |
of great Importance, and while, Of
course. 1t can only be exercised with
In the constitutional limitations which |
protect the individual from unreason-
able searches and seizures and uncon-
stitutional invasions of liberty. the act
should not be construed so narrowly
as to defeat it's purpose
Should Amend Act.
apparently, the language of the act
Is such that there is danger lest the
last mentioned result will unavoidably
ensue upon the construction placed
thereon by the supreme court, and 1t is
therefore obvious that the congress
language so as to explicitly empower
the commission to require by SUBJ
poena the attendance and the papers
relating to any matter under investi-
CATION. and this by virtue OF the DOW
ers conferred by the said commission
by section Of the law under which It
Is acting, or of any act amendatory
thereto, so as to aid 1t in ascertaining
facts upon which 1t can recommend
any additional legislation in reference
to the regulating Of commerce that
1t may conceive to be within the power
of congress to enact
Il further recommend that the
commission be explicitly empowered
to postpone the application Of any in
crease Of rates by any railroad pend