The Washington times., 1910-06-04
HARD FIGHT COMING
ON RAILROAD BILL
Radical Differences Between
Measures of Senate
and House.
SENATE is RELIEVED
AFTER LONG DEBATE
Final Vote Comes Only After Grist
of Amendments Had Been
Disposed Of.

Disposed Of.
Now that the railroad bill, after oc-
cupying the interest and time of the
Senate for nearly three months. has
passed that body, the struggle will
come in conference to frame a measure
that can command a majority vote in
both houses. Vital differences in the
House and Senate measures must be
adjusted.
If precedents are followed, FIVE con-
ferees will manage the conference on the
railroad bill, that is, five from each
house. This number was appointed to
confer over the railroad rate bill in a
previous Congress and this number
passed upon the tariff bill Of the last
Congress.
The probability is that three regular
Republicans win be appointed in the
Senate, one insurgent and one Demo-
crat, or possibly two regulars. two
Democrats. and one insurgent
The House bill contains sections not
in the Senate bill. as follows.
a provision authorizing the Interstate
Commerce Commission to Tx the valua-
ton of the physical property of rail-
roads TO serve as a basis for new stock
or bond issues.
\ provision giving the Interstate Com
merCe Commission power to supervise
any new capitalization plans of car
riers
\ provision giving the commission
sweeping authority in the application Of
the long and short haul prohibition
provision directing all the mem
bers OF the Supreme Court to assign
circuit judges 10 the new Court Of
Commerce
Amendments IN Senate.
Similarly, the Senate bill has many
sections at variance with the House
measure. Important amendments were
made. Among these were
y provision placing the burden of
proof upon the railroads, instead OF
the shippers in the proposed freight
rate increases.
\ provision prohibiting railroads to
again increase rates after they have
been lowered to drive out water com
petition.
a provision requiring Federal courts
u give notice and q nearing before
interfering with the orders of State
courts.
\ provision requiring the commits
sion once in six months to analyze
classiticatiOls and tariffs and show
changes.
\ provision allowing the commission
TO suspend proposed rate increase
s,N months in additional to the 10
days allowed.
Senators Much Relieved.
The Senate breathed a long sigh of
relief today when it was realized that
the railroad bill has been passed and
will not concern that body again until
1t comes out Of conference As a result
OF this relief the Senate took a day off
and completely relaxed.
Not until 10 o'clock last night was a
final vote reached All agreement to FIX
an hour for voting had failed. It was
simply case OF considering each and
every amendment offered and then
when there were no amendments TO be
considered the final action came. More
tnan dozen La Toilette amendments
we're disposed OF, one after another.
Then when the last vote was reached.
nearly everyone pitched in and helped
pie up majority for the measure.
only twelve Senators voted against il,
and these were Democrats. Not Re
publican insurgent cast his vote with
the Democrats. Several of them took
the floor and asserted that with the aid
OF the Democrats they had been able 10
SO remOld the railroad bill that II could
claim the support of the most pro-
SresSive of the prOgresSives
Among the important changes in the
bill which the insurgents take credit for
Is that Of striking out the provision
legaliZing agreements between railroads
TO fix rates and classificatiOns, repeating
as TO railroads the antitrust law An
other provision which the progressf,es
are responsible for is that bringing the
telephone and telegraph companies en-
gagged in the transmission of Interstate
messages under the supervision of the
commission.
Mountain States Win.
Other important and far-reacbinR
chan in the IL
short haul clause for which the inter
mountain States have fought for twen-
ty-1ve years; provision shifting the
burden Of proof from the shipper to
the railroad in cases of proposed
freight rate increases; a provision pro-
hibiting Federal courts from Interior
ring with the action Of State courts
oy injunction without due notice and
hearing; provision allowing appeals
10 the United States Supreme Court
from lnteTlocutory order of the court
Of commerce
As the bill now stands it will have
IaF-reachlng results upon the transpor-
tatlon and commercial life Of the ma
ton. IT extends the authority Of the
Interstate Commerce Commission ard
gives II control of practically all OF
the business Of the carriers involving
the movement of freight or Passengers
The capitalization plans of carriers are
not 70 be supervised, but on all other
points OF the transportation business
the Government has assumed super,
vision.
If the present Senate measure shouId
stand, the commission will have The
right to control freight classifcations
and issue orders based upon investiea-
tinnS which il may initiate. The conn
mission is also authorized 90 esta blisn
through rates and give authority TO the
shipper 20 route his shipment The
commission. too, may suspend any pro-
posed new rate for sixty days.
Permits Prosecutions.
The amended Senate measure now
permits appeals to the Supreme Court
from interlOcutOry orders by the Court
Of Commerce, while another amendment
allows Interested parties to a cause be-
lore the Court of Commerce to intervene
and prosecute. or defend the order of
the commission made in their behalf
Three sections of the original bill
which were said TO control railway can't
taliZation were said TO legalize all fraud
ulent capitalization existing in railroad
organizations at the present time have
been stricken from the bill These pro-
visions remained in the House bill
The carriers are now required to
maintain an agency in Washington
lpOn which the Court or Commerce