Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-06-17
Minority Complains of ExcIu-
sion From Rate Bill Debate.
NEWLANDS RAPS METHODS
Constitutionality Of Long and Short
Haul Provision.
DOUBTED BY NEVADA SENATOR
Bacon Criticises Measure-Elkius
Defends It, and Justifes Confer
ence With Administration.

Asserting that the democratic men,
bers of the committee of conference on
the railroad bill had not been permitted
TO participate in the proceedings Of the
committee. Senator Newlands, who had
been selected to represent the minority
senator's in the conference, took the
floor when the railroad bill was taken
up in the Senate today, to express his
disapproval of the report
The Senate met at II O'Clock 1t was
expected that the session would witness
the adoption of the report and the end
OF the railroad bill in the Senate.
Conference Methods Denounced.
Denouncing the methods of the con-
ferees. Mr.. Newiands said that this had
been the first time in the consideration
OF a railroad measure in which the
minority had been denied representation
in conference. He protested that such a
course involved disregard of all the
functions that pertained to free and full
conference and for the rights of the
minority
Mr.. Newlands criticised the commerce
court provision, saying it was sure to
supplant the interstate commerce COM
mission in many important functions
Explaining that the conferees had &C
cepted the House long and short haul
provision, the Nevada senator expressed
apprehension that the proposed law would
be found to be unconstitutional because
of its delegation of power without law
ing down a rule of action
He predicted also that the intermediate
points would fail to obtain from the pro-
vision the relief they were counting upon.
Bacon Criticises Conference.
In criticising the conference report, Mr..
Bacon said the long and short haul pro-
vision had come out in better shape than
was to have been expected considering
the hands in which it had BEEN StilI
he declared it went far toward justifying
the famous remark of Mr.. Aldrich that
he laughs best who laughs last"
Mr.. Bacon declared that the interchange
OF judges to supply the commerce court
would have the effect of ''mongreizing'
the circuit court system. He gave notice
that Immediately he would seek to have
chanSe made so as to give the COM
merce court permanent assignments.
Mr.. EIkins defended the action of the
conferees by saying that, failing to vote
for the Senate bill the democratic mem
berS had forced the bill into. conference
Mr.. Elkins was called to order for bring
ing the House into the discussion con-
trary to parliamentary usage.
Elkins Consulted Administration.
WI ElkiHS not only aOm1tted that he
had consulted the President and the At
torney General, but defended that plan of
proceeding in view of the fact that the
executive branch Of the government is
part Of the lawmaking power of the
country.
Mr.. Davis denounced the bill as par
tisan and vicious" and said he would
vote against the report.
Failure Of the conference to retain
the Senate provision giving a shipper
the right to go into court and sue for
damages. in case of damage sustained
by virtue of the refusal of railroad
company to quote rates to shippers,
was made the basis of d criticism by
Mr.. Shively.
Mr.. Borah was of opinion that the long
and short haul provision would be found
TO be unconstitutional, and said that
whether or not such should prove to be
the case, it certainly would result in a
long line Of litigation.