Los Angeles herald., 1910-06-03
Overman Amendment Regulates
Injunction Proceedings in
Relation to States
BILL NOT TO PASS TODAY
Telegraph Telephone Provision Is
EnIarged-AII Wire Passes
Are Prohibited
rAssociated Press1

i WASHINGTON. June But for
the fact that Senator Overman of
North Carolina succeeded in having
the senate incorporate in the railroad
bill a provision regulating injunction
proceedings affecting state laws, the
senate probably would have voted on
/ the railroad bill today.
The acceptance of that provision had
/ the effect of inclining some Democratic
| senators more favorably to the bill
and of causing the Democratic side of
the chamber to request opportunity
| for consultation before reaching the
voting stage. Accordingly the vote
was postponed to permit a Democratic
conference. to be held at IL o'clock
! tomorrow.
SENATORS NOT READY TO VOTE
After this agreement was reached
| Senators Elkins and Hale made an
effort to get the senate to agree to
vote on the bill before adjournment
tomorrow. but without success. Sena-
| tors Bacon and Bailey objected to cut
ting off debate in advance of the final
vote, and when il appeared as If they
might be conciliated Senator Clapp
entered objection to any arrangement
whatever
The bill was before the senate dur
ing the entire day and large number
of amendments were presented and
disposed Of Just before adjournment
Senator Elkins gave notice that at the
proper time he would ask the senate
! to substitute the senate bill for the
| house bill.
He succeeded in having adopted an
amendment postponing for sixty days
after it's passage. the time when the
proposed law shall go into effect. The
| suggestion was not received with gen
erai favor. and on a rollcall received a
majority of only seven, the vote
standing thirty-two to Twenty-Five
THE OyERMAN PETITION
The Overman provision covers
subject broader than transportation
IT provides that no interlocutory in
junction suspending or restraining the
/ execution of any state statute by re-
/ straining the action of any state officer
/ i'm IFS enforcement shall be issued by
/ any federal judge upon the ground OF
/ unconstitutionality unless the applica-
/ ton shall be presented to justice of
! the supreme court or to circuit judge
and shall be heard by three judges.
/ The only objection expressed to the
| amendment was that its operation
would not be limited to railroads, put
| there was a considerable vote against
it the ballot resulting 93 ayes to rs
noes
The provision heretofore adopted,
placing interstate telegraph and tele-
/ phone lines under the control of the
/ interstate commerce commission, was
/ enlarged in compliance with a sugges-
/ tion by Senator LaFollette, who pre-
sented the original amendment AS
4 it now stands it provides that tele-
graph and telephone charges shall be
/ lust and reasonable and authorized
/ the commission to determine when
they are not so. Special night rates
and special rates on press dispatches
are authorized. Telegraph passes are
! prohibited to all persons. The pen
atty for disobeying this provision is
fixed at 500 to $4,000.
SEVERAL AMENDMENTS
Senator Hughes of Colorado was
among those who had amendments ac-
cepted His provision gives to the
shipper the right to choose line com
netting with a part of the through
route by which his shipment was
billed. 1t eXempts the original carrier
! from all responsibility for damage sus-
! tanned on other than it's own line.
Mr.. Simmons sought, though inef-
fectually to have his physical valua-
/ tion provision inserted. 1t was voted
down, so to 80.
Senator I,aFolette succeeded with
two or three amendments, but failed in
an effort to obtain for shippers the
right to bring suit in the proposed
court OF commerce when there is a
prospect that irreparable damage may
be done by increased rates, pending
the delay necessary to an investlga-
ton by the commission.
The Crawford amendment modifying
the commodity clause of the Hepburn
act of 1906. was taken up and defeated
by a viva Voce vote.
The senate adopted an amendment
offered by Senator Burton requiring
the Interstate commerce commission to
report concerning uniform classifica-
tions and another by Senator LaFol-
lette requiring railroads to keep in
Washington agents who may accept
/ service