The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-06-02
REFUSES TO CHALLENGE
U. S. SUPREME COURT
Amendment INTENDED to Remedy
Supposed Defect IN
Hepburn Act

(By Associated Press)

Washington y. O.. June 2,-By a
vote Of 35 to 2l tho senate refused to
Ichallenge the supreme court Of the
United States to another decision re-
gardlng the right of common carries
TO transport commodities produced
by themselves
The vote was taken upon an amend.
ment to the railroad bill offered by
Senator Bailey, OF Texas, making II
unlawful for any railroad company 10
ansport from one state to another
"any article or commodity manufac-
tured mined or produced by 1t or
under Its authority, by any corpor'
alton, joint stock company, Or partner
ship in which sai1 abroad company
holds, owns or controls, directly or
indirectly, any stock or interest
The amendment was intended to
remedy the supposed defect in the
commodities clause Of the Hepburn
act Of 1906 out Of which grew the
famous decision of the supreme court
of the United States in which the
goye nment undertook to prosecute
a number of roads engaged in the
mining of anthracite coal in Pennsyl-
vania. The court held the law to be
constitutional but materially limited
its application.
The original provision was drawn
by Senator Bailey and he sought by
his amendment to force the court to
face squarely the question of the
right of cong ess to prohibit railroad
companies from tranporting commod-
tiles produced by themselves. In good
natured manner, but in pointed Ian
guage, he criticised the court and said
that it was his intention to make the
language OF the present provision SO
plain that mot even Judge of the
supreme court could fail to under
stand it,
The time consumed in the debate
on the Bailey amendment prevented
a final vote being reached on the bill
as had been hoped.
The first vote of the day came on
| the LaFolette amendment, providing
for the ascertainment of the physical
valuation of all railroad property as
basis for the fixing of ra,es. The
amendment was defeated % to 30.
A modified provision by Mr.. Simmons
requiring such valuation of property
affected by any given case, also was
lost, 2S to 80.
The tendency toward bringing wat
er transportation mdeg the iurisdic-
ton of the Interstate Commerce com
omission, which has been noticeable
kthroughout the consideration Of the
EbilI, found expression In two amend
/ ments, one offered by Senator Sim
mons. of North Carolina, and the 9th
! e. by Senator Burton. OF Ohio, both
of which found acceptance.
L Mr. Elkins accepted an amendment
offered by Senator Shiyely as he did
a second amendment by Senator Bur.
ton The Shively provision author
izes suits for damages growing out
Of the failure Of railroad companies
to supply written statement of the
rate for carrying a given shipment
1frnm one place to another notwlth'
| standing the provision of the bill
| awarding a penalty OF $3.50 for such
failure.
The Burton amendment imposes Oh
carriers a penalty OF $4,000 for elic
iting and divulging information con
cernng the character or destination
of a given shipment.
Fourteen Democrats and eleven Re
; publlcans voted for the Bailey amend
ment.
After the defeat of the Bale.
amendment. Mr. Crawford introduces
similar provision so modified as Z
permit a railroad company to trans
port articles of its own productiol
after they had been disposed OF TO
| ninety days through bona fide sale
This amendment was pending whe
the senate adjourned.