The Birmingham age-herald., 1910-04-21
RAILROAD BILL IS
 SHARPLY SCORED Senator Purcell Attacks the
 Merger Provision MATTER STATE CONTROL. Question Of Personnel of Supreme Court Is Also Taken Up With Possibilities of Appointments
 by the President
MATTER STATE CONTROL.

Washington, April 20.-In his maiden speech delivered Tn the Senate today on the railroad bill, Senator Purcell oi North Dakota sharply criticised the President and the Attorney General He charged purpose of so transforming the supreme court as to insure such construction of the proposed law as to supplant and nullify antagonistic state laws and state constitutions real ly existed that he said he intended to deal with the merger provision of the hil.
 Having stated that the North Da- kota state constitution prohibited the consolidation of railroad lines. he said he contended that under the decision of the supreme court this body had held in effect that questions of this character were subject to state con troll The speaker then proceeded
 "It must be apparent to every one that when the President and the Attor- ney General drafted this law they were familiar with existing laws in relation to the matter covered by section l2 It is fair to assume that they put 1t in this bill because they wanted to see it become law. Section 12 if enacted would conflict with the decision men, toned.
 Tt can become operative only in one way. If the members of the supreme court, which decided the Louisville and Nashville railroad case. only three of which are now on the bench and two are advanced in years and are now en- titled to their retirement. the court could be reconstructed, there would be lamentable. Two more vacancies will exist soon in the natural course of events. This will make at least four appointments that the President will have to make
 Having the power to appoint the members of this court who finally de- termine the law upon all questions he has the opportunity to appoint those whose opinions in regard to this sec stlon accord with his. They and tn, 1 Attorney General would no doubt grace the supreme bench with far reaching decisions. Don't you think he would support his own handiwork? Who wouldn't? How easy it would be foi
  rointees to bring about a change in existing law and to foist upon the peo- rle the provisions of section 12 as the law of the land.
 The pending bill demonstrates that the President is strongly inclined toward the interests of the railroads Therefore would he not make appointments of his own selection from judges known best to him who are favorable to the railroads RV tla this hill al ha fits and protection given by your court decisions hoped for, may be lost and the railroads, by our own weakness, will be able to assume and accomplish those very things in matters of consolidation which the courts have determined they could not do. because they might be det- rimental and destructive of the peoples rights
 MT. Purcell criticised many of the provisions of the bills. Of the proposed court of commerce he complained and said no established lawyer could desire a place on its bench. because 1t would be "a vortex of passions and greed"
 MT. Purcell declared already the coun- try had repudiated the wisdom of the President fin giving his indorsement tc the new tariff law In support of this statement he referred to the action of the Indiana state republican convention He pointed out that in all probability the five congressional elections held since the Payne bill became law, the repub- lican candidates had been defeated from unknown causes. MT. Purcell closed his speech and the Senate entered into a wrangle over parliamentary entangle- ments relating to the status of amend ments offered by Senators Crawford and Cummins to the provision legalzing traf- fic agreements between railroad compa- nies The situation was relieved by the accordance of Senator El<ins' motion and the Crawford amendment for the substi- ute of the original motion. This action gave the amendment the standing of a committee amendment, and will permit MT. Cummns to present his suggestion as an amendment to the section as thus modified.
 The Crawford provision requires that such agreements shall be subject to -thr approval of the interstate comme-
 mission, but does not specifically quire that this approval shall be vouch- safed before the agreements go into ef- feet
 Unwilling to take any chances on this point, Mir Cummins presented substi- tute specifying that this approval should ante date the taking of the agreements As MT. Cummins desired to speak al length on the subject. the Senate ad- journed without taking action on either provision.