New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-04-02
ROOT ENDS SPEECH
Senate Passes Bill 1mending
Employers Liability Lac.
JFrom The Tribune Bureau

From The TriDIre Bureau.l
Washington, April with pea 20
Senators of both parties TO overlook MINOR
differences and work in harmony for the
accomplishment of the important Work oI
properlv regulating railroads in the public
interest. Senator Root to-day cioseo MS
speech on the administration bill ="
strengthen the Interstate commerce act. Inc
New York Senator held the floor for about
an hour and received the sane close and
earnest attention which was given to MS
argument on Wednesday and Thursday. lie
declared that he had been moved to discuss
this question at such length in order 70
point out TO the Senate and the country the
fact that the pending bill contains many
provisions which arc progressive and esseh-
tial in their relations to modern economic
conditions He said he was willing TO yield
on some OF the minor questions in con-
troversy, and he thought other Senators
should do likewise. The principal diffe--
ences related to details, in regard to which
it was the duty of Senator's to be reaso1l-
able and to make concessions with a view
to gaining the substantial benefits the bill
provided.
An interesting feature Of Mr. Roots argu-
ment to-day was his discussion of govern
nlent control of the capitalization OF inter
state railroads. He expressed the opinion
that the government has power 10 control
capitalization. although he said the question
was Z close one. There could be no doubt
as 70 the practical wisdom OF this control
he maintained. for it would enable the gov
eminent to put stop to many Of the
abuses of railroad management.
Mr.. Root said he remembered when sew
eral men in Ohio organized railroad, is
sued TO themselves bonds Of the value Df
S8,000,000 on nothing at all. and then sold
the stock. For years afterward the public
had to pay interest on these bonds, while
the innocent and ignorant stockholders had
10 subordinate their interests to those of the
bondhOlders This sort of thing could not
happen should the pending bill become Il
law It's enactment would mean better SER
vice, better terms for railroad securities and
lower charges to shippers and travellers.
Senator Rayner raised a question as to
the power of Congress to control the capt.
talization of railroads which hold charters
from the state. Mr. Root replied that the
question involved was whether the Iegiti-
mate issue of securities had such re-
lation to the efficiency of a railroad as tc
make it an object of interstate commerce
he said he believed thai even if the con-
stitutionality of the particular section were
successfully attacked in the courts the
rest of the bill would stand unmpaired.
Within the Power of Congress-
Mr.. Root discussed at some length that
Fart of the bill which permits railroads to
go before the proposed commerce court
and obtain ruling as to the legality of
a contemplated merger. Personally, he
thought the closing words in Section u
/ NfsrEaf a
not be competent for the court to pass
| on the relative Importance of any bene-
| fit to the public interest and upon any
effect upon competition resulting from such
acquisition" AS to the rest of the section
| he thought the courts would say Congress
had not exceeded it's authority. Mr.. Root
said he believed it was within the power
| of Congress to declare that when the At
! torney General or the Interstate Commerce
/ Commission was summoned to show why
/ n purchase of stock should not go into
effect a controversy was established. The
proceeding proposed was not unlike suits to
quiet title or suits in which trustees went
! into court to get rulings questions on
which they were in doubt. Mr. Root said
that in certain cases consultations might
be OF the greatest public interest. On the
whole he thought Section u WIS a de-
cided step forward in the solution of the
/ transportation problem, and would prove
of more benefit TO the South and West than
| to the East.
The Senate passed the House bill so
amending the employers liability law as
TO give the state courts concurrent juris-
diction with the federal courts in dealing
with suits for damages growing out of
accidents The bill reported from the
/ Judiciary and in
charge of Senator Borah. who finally
steered il to success. notwithstanding many
sharp assaults from both sides of the
chamber The discussion dealt especially
with the right of the states TO act on
questions growing out of the liability law.
Senator Hale took a strong position in
favor of state control, hut an amendment
nronosed by him was voted down.