Los Angeles herald., 1910-04-01
ROOT QUESTIONED
ON RAILROAD BILL
Rayner, CIapp, Cummins and
Bailey Interrogate Him
During His Speech
FAVoRS MERGER PROVISION
Traffic Agreement Section Also
Finds Favor with Him;
Opposes Rate Fixing
ASSOCIATED PressI

WASHINGTON. March Ex-senator
Root today consumed three hours in
continuing his speech in defense Of the
administration railroad bill before the
senate. He again failed to conclude
his remarks. He defended the merger
provision of the bill as a great ad-
vance over existing law, as it made
the purchase of one company's stock
by another an offense while, he argued,
such acquisition was not now Illegal
except as part of conspiracy.
He also supported the traffic agree
ment section but expressed willing
ness to require such agreement to be
dependent on the approval of the in
terstate commerce commission.
Mr.. Root emphasized the provision
premitting traffic agreements as of
special Importance. He declared the
present prohbitive act provoked its
own violation.
In reply to an inquiry from Mr..
Rayner, Mr. Root said he would favor
an amendment requiring that agree
ments among railroads should have
the approval of the interstate COM
merce commission before going into
effect. The concession was considered
by the opponents of the bill as very
important.
Senator Clapp said he would insist
the bill be so worded as TO make
agreements unlawful unless approved
by the commission.
OPPOSES RATE FIXING CLAUSE
Mr.. Root said he never would con-
sent to give to the commission the
right to suspend a rate fixed by a
railroad without investigation. He
would not consent that any official
should fix the railroad rates, but was
willing the government should super
wise rates, To do more would be to
change from the American to the
European system. he said, with gov
ernment ownership inevitably follow
ing.
Mr.. Cummins asked whether there
was any difference in principle in Civ
ing the commission the power to sus-
pend rates for sixty days for investl-
cation and giving it power TO make
an indefinite suspension.
"The power to render indefinite sus-
pensions is the power to render hnal
Judgment" responded Mr. ROOT
''whereas the power of temporary sus-
pension is like the granting oil tenn
porary injunction. The power TO sus-
mend Indefinitely involves the right to
suspend without any investigation.
Mr.. Bacon took issue with Mr.. Root
assertion that the fixing of rates Dy
the government would lead to govern
ment ownership. He said Tor lnlrlS
years the railroad commission OF Geor-
gia had had such power.
Mr. Root replied there would pc
found a vast difference between state
and government control.
Mr.. Aldrich asked Mr.. Root if ne
was in favor of giving the interstate
commerce commission the power to TX
rates on all railroads of Georgia. Mr.
Root said he would not favor the turn
ina. over of all roads to the commls-
sion. ..,-
Mr.. Bailey failed to agree entirely
with Mr.. Root as to the tenor OF the
decision in the Northern Securities
case. What he wanted he said, was
q law that dealt with results and not
with motives. He agreed with MI
Poot that the merger provision pro-
hibits the purchase of less than 90 per
| cent of the stock of one company py
another. but he found inconsistency In
| the fact that it authorized the pur--
! chase of more stock when 90 per cent
| of IT has been acquired.
| MIR. Root had not concluded Wheh
the senate adjourned.